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

**Chapter Quiz 1** **Chapter 1, 2 and 3** 35 Multiple Choice [15 true/False] 50 Questions Exam 1 - Chapter 1,2,3 35 Multiple Choice; 15 True/False; 50 Questions Total; 60 Minutes to Complete.  Chapter 1 Sophisticated Clients - Confident (not in awe of lawyers) - Knowledgeable (identify...

**Chapter Quiz 1** **Chapter 1, 2 and 3** 35 Multiple Choice [15 true/False] 50 Questions Exam 1 - Chapter 1,2,3 35 Multiple Choice; 15 True/False; 50 Questions Total; 60 Minutes to Complete.  Chapter 1 Sophisticated Clients - Confident (not in awe of lawyers) - Knowledgeable (identify, not necessarily solve, legal issues) - Up-To-Date (legal trends) - Understands the respective roles of the lawyer and the client  - Knows when to represent themselves - Knows when and how to locate and hire a suitable lawyer - Understands the various costs to be paid to a lawyer - Knows how to deal with dissatisfaction with a lawyer - Clients make many business decisions without consulting a lawyer (time, cost) - Business decisions have serious consequences (consider appropriate laws) - Sometimes a lawyer is necessary for certain situations or information.  - Will make a commitment to ethical behaviour.  Role of Lawyer/Client - Client is the decision maker - not the lawyer.  - Lawyer bound to follow Client's instructions (if lawful).  - Information provided to a lawyer must be kept confidential (Solicitor-Client Privilege).  - Clients must provide all relevant information needed by a lawyer in order to get the best result.  Solicitor Client Privilege  - The duty of the lawyer to keep the information provided by the client confidential.  - Fundamental to the legal system, without it access to justice would be significantly reduced.  Legal Fees - Understand Types - Fixed Fee: a predetermined fee paid to a lawyer for completing specific tasks, regardless of the time involved. Examples: preparing a will, purchasing a house, incorporating a business.  - Hourly Rate: all of the time spent working on a client's file; hourly rates vary with lawyers years of experience - a senior lawyer may have a higher hourly rate than a junior lawyer.   - Contingency Fee: the lawyer receives a percentage of what the client collects (either through a settlement or court judgment); if the client does not collect anything, then the lawyer does not receive anything.   - Often appropriate in personal injury claims or product liability cases when the client does not have any funds to pay the lawyer at the beginning of the case.  - Disbursements: out-of-pocket costs incurred by lawyer on behalf of client, reimbursed by client. Examples: court fees for filing documents, long-distance telephone charges, courier charges, the fee charged by an expert for testifying/preparing a report, photocopying costs, etc.  - Retainer: a deposit held in a trust account, to the credit of the client. When the lawyer bills the client, the amount owed will be paid from the retainer.  - Lawyers may require the client to "top up" the retainer as funds are withdrawn from the trust account.  Ethics - Law is what we must do, Ethics is what we should do.  - Ethical behaviour implies Integrity, Honesty, and Professionalism.  - Every Provincial and Territorial law society has codes of professional conduct that contain the ethical obligations of lawyers. - Lawyers who fail to satisfy the obligations will be subject to the complaint resolution process; the vast majority of lawyers are completely ethical.  - If rules are broken, a lawyer may be penalized (fine, suspension, disbarment, or criminal charges).  - Unethical behaviour: Wirick, Blott.  Legal Aid - Available for certain types of legal problems; not all types of cases are covered.  - Eligibility varies from province to province. - Not everyone qualifies; clients must meet certain financial guidelines involving household income and assets.  - Small businesses are not usually able to receive legal aid.  Chapter 2  Definition of Law / Categories of Law - Definition of Law: body of rules made by the government that can be enforced by the courts or by other government agencies.  - Categories of Law: - Substantive Law: the rights and rules that govern behaviour and set limits on conduct. Example: rights to travel, vote, and own property.  - Procedural Law: determines how substantive laws will be enforced. Example: rules governing arrest, investigation, and pre-trial and court processes in both criminal and civil cases.  - Public Law: includes Constitutional Law and determines how the country is governed and regulates our relationship with the government. Example: Criminal Law.  - Private Law: governs personal, social, and business relationships. Example: Contract Law, Tort Law.  - Quebec's noncriminal legal system is based on the French Civil Code.  Chapter 3  Alternative Dispute Mechanisms  - Negotiation: decision making is left in the hands of the disputing parties to work out for themselves; parties discuss the problem with each other in order to find a solution.  - Should be the first recourse for people who find themselves in a disagreement.  - Requires cooperation and compromise.  - May be conducted through representatives.  - Processes may enhance relationships; concessions and admissions made without prejudice will not hurt future litigation.  - Mediation: neutral third party assists the parties in coming to a resolution on their own; communication is facilitated by a mediator (find common ground, encourage compromise).  - Parties are not bound to accept solutions offered by mediators.  - Successful mediators require considerable specialized training.  - Not appropriate in some cases (when blame or liability for injury must be determined, when power is imbalanced, when a party is unwilling to disclose information, or does not have a sincere desire to resolve the dispute).  - Arbitration: parties agree on an independent third party to make a binding decision in the matter under dispute; often specified as means of resolving disputes in original contracts. - Arbitrators may be specialists in the matter under dispute.  - Decision cannot be appealed but the process may be reviewed by a court.  - Process is faster, less costly, and more private than litigation.  - More formal, more adversarial than mediation, and more costly than other forms of ADR.  Court Systems - Civil vs Criminal  - Civil Matters: two private persons use the court as a referee to adjudicate a dispute. Decide the matter on the balance of probabilities.  - Criminal Proceedings: the government pursues the matter and prosecutes the accused. The judge (or jury) must be convinced beyond a reasonable doubt of the guilt of the accused.  - All litigants have equal access to the courts.  - May face both criminal trial and civil action over the same conduct.  Types of Remedies - General, Specific, Punitive - General: pain and suffering or for future lost wages - Specific: reimburse the litigant for expenses or costs incurred before the trial  - Punitive: not to compensate the victim, but rather punish the wrongdoer.  - Other Remedies: Accounting, Injunction, Specific Performance, Declaration/ Trial Process - Plaintiff presents case; - Burden of proof rests with the plaintiff.  - The plaintiff's case and witnesses are presented first.  - Cross examination by defendant's lawyer.  - Plaintiff's lawyer is prohibited from asking leading questions.  - Rules of evidence must be followed.  - Defendant presents case.  - Both parties summarize evidence and make arguments to court.