HUMR 1001P
December 1, 2008
Legal Actors I: Lawyers and Advocates
Review Last Class – Judicial Decisions
Stare Decisis: previous cases and the application of their judgement to a present case, basic way judges make their decisions in the common law system
Three rules of interpreting legislation
Charter & Judicial Review
Balance of powers between the three arms of govt, but with the charter the courts get a new power – new ways to strike down legislation, slap down the power of the executive if it is contradictory to the Charter.
Section 1, 2, 7, 15, 33
Critical Perspectives on judicial decisions
Gender
Race
Something as seemingly innocuous as hearsay evidence: aboriginal land claim settlements, can you then bring into evidence their stories of the past? Their oral history? Isn’t this very Eurocentric perspective on law?
Historical Origins of the Profession of Law
13th c. – officers in the king’s court played legal roles – England – “Sergeants of the King” take care of royal legal business
1292 – edict by Edward I – Common Pleas Court must choose “attorneys and learners” to handle court business – Lawyer’s education in the court’s hands, not in the university why bc law at the time was not considered something that gentlemen would like to study, it as something considered for people who like to fight to learn, it was more of an apprenticeship
Training moved to the Inns of Court where judges and attorneys lived
Specialized techniques and theories, formal associations with people who would support them and a higher status in the community: 3 things needed to be a professional. No boss and special relationship with the client
Barristers & Solicitors
Barristers were the speakers inside the courts: “story tellers”
Were the ones who spoke, who would do the rhetoric in the court
Got paid more, were the bosses, controlled the Inns
Solicitors were “fixers” who advised clients, prepared cases for trial and handled matters outside the courtroom
Law in its present form only
Legal Actors I: Lawyers and Advocates
Review Last Class – Judicial Decisions
Stare Decisis: previous cases and the application of their judgement to a present case, basic way judges make their decisions in the common law system
Three rules of interpreting legislation
Charter & Judicial Review
Balance of powers between the three arms of govt, but with the charter the courts get a new power – new ways to strike down legislation, slap down the power of the executive if it is contradictory to the Charter.
Section 1, 2, 7, 15, 33
Critical Perspectives on judicial decisions
Gender
Race
Something as seemingly innocuous as hearsay evidence: aboriginal land claim settlements, can you then bring into evidence their stories of the past? Their oral history? Isn’t this very Eurocentric perspective on law?
Historical Origins of the Profession of Law
13th c. – officers in the king’s court played legal roles – England – “Sergeants of the King” take care of royal legal business
1292 – edict by Edward I – Common Pleas Court must choose “attorneys and learners” to handle court business – Lawyer’s education in the court’s hands, not in the university why bc law at the time was not considered something that gentlemen would like to study, it as something considered for people who like to fight to learn, it was more of an apprenticeship
Training moved to the Inns of Court where judges and attorneys lived
Specialized techniques and theories, formal associations with people who would support them and a higher status in the community: 3 things needed to be a professional. No boss and special relationship with the client
Barristers & Solicitors
Barristers were the speakers inside the courts: “story tellers”
Were the ones who spoke, who would do the rhetoric in the court
Got paid more, were the bosses, controlled the Inns
Solicitors were “fixers” who advised clients, prepared cases for trial and handled matters outside the courtroom
Law in its present form only