legal research exam

chantal Seguin
Flashcards by chantal Seguin, updated more than 1 year ago
chantal Seguin
Created by chantal Seguin over 5 years ago
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my legal research exam

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Question Answer
Importance of key words? How important are they when researching case law! (Crime, assault, breech) using key words such as "assault" "breech" or "weapon" will increase your search and narrow down your results
How do you know if case law is helpful to your case? Similar facts and scenarios, same jurisdiction and higher court ruling
What is public law? government and individuals taxation immigration criminal
Bloom’s Taxonomy • Remember • Analyze • Understand • Evaluate • Apply • Create ReAnUn EvApCr
Computerized legal research – know steps involved and its effect on writing Computerized legal research has NOT effected the need for legal memos
Components of a Boolean search /P - in the same paragraph as ________ /S - in the same sentance as ______ /10 - around 10 words away from ____
Rules of good writing An Active Voice
Define and describe a statue – what is it created by a legislative body primary source of law
What is a regulation? everything made under the power of a statute
Primary vs. secondary sources Primary – statutes, case law Secondary – texts, digests
Persuasive vs. binding (court has to follow) authority persuasive authority - may be followed Binding authority - must be followed
Levels of court and whether their decisions are binding or persuasive Provincial court -> Superior Court (provincial) -> Court of appeal -> Supreme Court of Canada
what is a binding case? refers to existing law that must be followed. common law jurisdictions that recognize judicially made law. Generally, it follows the doctrine of stare decisis, which means "maintain what has been decided and do not alter that which has been established."
What is a binding digest? a digest is a secondary source but is binding if the decision was from a judge in a higher court system
When is a case supportive to your client - how do you decide this? a case must be relevant and similar to be supportive, also must have a favorable outcome that would benefit your client
Define the law of evidence Sets out the manner in which facts are proven in a trial or proceeding
[ parenthesis ] Statutory - year of publication - Supreme Court of Canada
( Brackets ) Case law - year of decision - used in lower courts
list the parts of a legal memo in order the heading summary of relevant facts identify legal issues law relevant to issues application of law to the facts conclusion of the legal issues
What is the Theory of the case? is it how you want to win the case - Cause of action - Defense - Evidence
what is statutory citation how to cite a statute
how to write case citation? Rijah example R. v. Rijah
how to write statutory citation? Rijah example Rijah Act
c.C - 14 is what level of government? and how do you tell the difference? Federal The - is used only in federal citation
c.C. 14 is what level of government? and how do you tell the difference? Provincial The . is used in provincial citation
how would you cite the Highway Traffic Act? HTA, R.S.O. 1990, c.H. #
how to italicize when hand writing a citation? squiggly underline
how to emphasize when writing a citation by hand? striaght underline
what are statutory provisions sections in a statute (like verses in a bible)
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