Legal Concepts Quiz, Chapters 1-3

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Questions and Answers

What does ethical behavior in the legal profession primarily imply?

  • Consistency in legal outcomes.
  • Integrity, honesty, and professionalism. (correct)
  • Maximizing client profits.
  • Following all rules without question.

Which of the following types of law primarily governs rights related to individual conduct?

  • Private Law
  • Substantive Law (correct)
  • Procedural Law
  • Criminal Law

What may happen to a lawyer who fails to meet their ethical obligations?

  • They may face penalties such as fines or disbarment. (correct)
  • They will be awarded a cautionary note.
  • They automatically lose their license.
  • They may be promoted within their firm.

Which category of law includes rules about how the government operates?

<p>Public Law (D)</p> Signup and view all the answers

Legal Aid typically does NOT cover which of the following?

<p>Small business legal issues (D)</p> Signup and view all the answers

What is the purpose of Procedural Law?

<p>To establish how substantive laws will be enforced. (B)</p> Signup and view all the answers

Which of the following best describes the nature of Private Law?

<p>It regulates personal, social, and business relationships. (D)</p> Signup and view all the answers

What is the consequence of unethical behavior, as illustrated by examples such as Wirick and Blott?

<p>They were subjected to the complaint resolution process. (A)</p> Signup and view all the answers

What is the primary role of negotiation in resolving disputes?

<p>To allow disputing parties to autonomously find a resolution (C)</p> Signup and view all the answers

In mediation, what is the role of a mediator?

<p>To facilitate communication and encourage compromise (D)</p> Signup and view all the answers

What principle is fundamental to ensuring clients can access justice within the legal system?

<p>Solicitor-Client Privilege (D)</p> Signup and view all the answers

Which of the following is a characteristic of arbitration?

<p>It is a formal process that often involves specialists (D)</p> Signup and view all the answers

Which fee arrangement allows a lawyer to receive payment only if the client wins a settlement or judgment?

<p>Contingency Fee (B)</p> Signup and view all the answers

What distinguishes civil matters from criminal proceedings in court?

<p>Civil matters are generally disputes between private individuals (A)</p> Signup and view all the answers

Which of the following statements about mediation is true?

<p>Mediation may not be suitable in cases of power imbalance (B)</p> Signup and view all the answers

Which of the following is NOT a characteristic of a sophisticated client?

<p>Always consults lawyers for business decisions (D)</p> Signup and view all the answers

What type of fee structure is predetermined for specific legal tasks regardless of the time taken?

<p>Fixed Fee (D)</p> Signup and view all the answers

What is an important benefit of arbitration compared to traditional litigation?

<p>It provides a quicker and more cost-effective resolution (B)</p> Signup and view all the answers

When clients share information with their lawyers, what type of obligation do lawyers have regarding that information?

<p>They must keep it confidential (B)</p> Signup and view all the answers

What is a common feature of negotiation in dispute resolution?

<p>It focuses on finding a mutually agreed solution (B)</p> Signup and view all the answers

In Quebec, what legal framework is the noncriminal legal system based upon?

<p>French Civil Code (B)</p> Signup and view all the answers

Which one of the following actions demonstrates a commitment to ethical behavior by a client?

<p>Fully disclosing all relevant information to their lawyer (B)</p> Signup and view all the answers

What type of legal fee involves additional costs incurred by the lawyer that the client is responsible for reimbursing?

<p>Disbursements (C)</p> Signup and view all the answers

Which statement accurately represents the role of clients in a legal relationship?

<p>Clients are the ultimate decision makers (C)</p> Signup and view all the answers

Flashcards

Retainer

A deposit held in trust for a client, paid to lawyers upon billing.

Substantive Law

The body of law that defines rights and duties.

Procedural Law

Law that outlines how substantive laws are enforced.

Public Law

Regulates relationships between individuals and the government.

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Private Law

Governs relationships between private individuals or businesses.

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Ethics

Moral principles that govern behavior in law.

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Legal Aid

Assistance for legal problems based on financial eligibility.

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Unethical Behaviour

Actions by lawyers that violate ethical standards.

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Sophisticated Clients

Clients who are confident, knowledgeable, and understand legal trends.

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Role of Lawyer/Client

The client is the decision-maker; lawyers follow lawful instructions from clients.

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Solicitor-Client Privilege

Lawyer's duty to keep client information confidential, vital for justice access.

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Fixed Fee

A predetermined fee for specific legal tasks, regardless of time taken.

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Hourly Rate

Charges based on the time a lawyer spends on a client's case, varying by experience.

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Contingency Fee

A fee where lawyers take a percentage of client winnings; no win, no fee.

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Legal Disbursements

Out-of-pocket costs incurred by lawyers for clients, reimbursed by the client.

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Client-Lawyer Information Sharing

Clients must provide all relevant information to lawyers for optimal results.

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Negotiation

A process where parties work out a solution themselves by discussing their issues.

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Mediation

A neutral third party assists disputing parties to reach a resolution, facilitating communication.

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Arbitration

A binding decision made by an independent third party agreed upon by the disputing parties.

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Civil Matters

Disputes between private individuals adjudicated by the court to decide based on probabilities.

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Criminal Proceedings

The government prosecutes an accused individual for violating the law.

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Noncriminal Legal System

Quebec's legal framework based on the French Civil Code.

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Conflict Resolution

Various methods like negotiation, mediation, and arbitration to solve disputes.

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Litigation

The process of taking legal action through the courts.

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Study Notes

Chapter Quiz 1, Chapters 1, 2 & 3

  • Exam covers 35 multiple choice, 15 true/false questions
  • Exam time: 60 minutes
  • Sophisticated clients are confident, knowledgeable about legal trends, and understand roles of lawyer/client.
  • They know when/how to hire lawyers and understand costs.
  • Clients often make business decisions without lawyers - serious consequences
  • Lawyers must follow client instructions (lawful)
  • Client information must be confidential (Solicitor-Client Privilege)
  • Clients must provide all relevant information to lawyers.
  • Legal fees include fixed fees, hourly rates, or contingency fees
  • Fixed fee: predetermined fee for specific tasks (e.g., will prep)
  • Hourly rate: varies with lawyer experience
  • Contingency fee: percentage of client recovery if successful (e.g., personal injury cases)
  • Disbursements are out-of-pocket costs, reimbursed (e.g., court fees)
  • Retainer: deposit held in trust account, payments made from retainer
  • Ethics: Integrity, honesty & professionalism are essential.
  • Unethical behaviour leads to penalties (e.g., fines, suspension, disbarment)
  • Available for certain legal issues
  • Eligibility varies by province
  • Household income & assets are considered
  • Not available for all cases

Chapter 2: Law

  • Law is a body of rules, enforced by the courts
  • Substantive law governs behaviour, limits conduct e.g., rights to travel /vote
  • Procedural law: processes for enforcing substantive laws, e.g., arrest/trials
  • Public law: governs relationships between citizens and the government (e.g., criminal law)
  • Private law: governs relationships between people (e.g., contract law, tort law)
  • Quebec's non-criminal legal system is based on the French Civil Code

Chapter 3: Dispute Resolution

  • Negotiation: parties discuss to find solutions; preferred first step
  • Alternative Dispute Resolution (ADR): processes to resolve disputes outside courts
    • Mediation: neutral third party helps parties reach a compromise
    • Arbitration: independent third party makes a binding decision
  • Litigation (Court): more formal, adversarial, expensive process (civil/criminal matters)
    • Civil: two private parties disputing
    • Criminal: government versus accused, "beyond a reasonable doubt"
  • Remedies: General (pain/suffering), Specific (reimbursement), Punitive (punishment)

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Chapter Quiz 1 (Chapters 1, 2 & 3) PDF

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