Legal Aid

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A

Ad Hoc
(Latin) For a specific purpose.

Affidavit
Written Statement sworn under oath before authorized officer or notary.

Amicus Curiae
(Latin) Friend of the court; counselor assisting and seeking to persuade court on a case to which he or she is not a party.

Appeal
Procedure by which a case is brought from lower to higher court (or
committee) for revised ruling or rehearing.

Applicant
An individual who has applied to the Legal Services Board for Legal Aid.

B

Bail
Payment of bond that is forfeited if one fails to appear in court.

Bail bond
Obligation to pay bail if defendant fails to appear in court.

Bar
Entire body of lawyers and counselors-at-law.

Bar Association
Local or Territorial/Provincial organization of lawyers either voluntary or mandatory registered in that jurisdiction.

Bond
Written, sealed obligation to pay sum of money.

Brief      Lawyer's written presentation of statutory and case law to support client's case.

Brydges decision
A Supreme Court decision which stipulated that when an accused expresses concern about his right to counsel depending on his ability to afford a lawyer, the police must inform the accused of the existence of Legal Aid and Duty Counsel.

C

Case
Court action, cause, suit or controversy.

Case law
Precedent setting judicial opinion, not written down in statutes.

Certificates
See Legal Aid Certificates.

Charter of Rights and Freedoms
Guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Child & Family Services Act
Provides the legislative foundation for child protection, and adoption.

Civil action
Lawsuit between private parties, usually to recover money, property, or remedies, or to enforce rights.

Civil Case
Lawsuit between private parties, as distinguished from criminal case.

Civil law
Codes, statutes, and case law governing civil actions.

Client

• Person hiring an attorney as a representative;
• Person receiving Legal Aid;

Code
Systematic statement of body of law.

Common law      

• Precedents set by court decisions;
• Status of a relationship between a man and a woman who have cohabited for a set period of time without being legally married

Confidential communication
Exchanges, especially between client and lawyer, protected from disclosure to others by legal privilege.

Court Worker
Front line worker for the Legal Services board, Court Worker's are responsible for determining eligibility for legal aid, Court Worker's are not lawyers and cannot answer legal questions.

Criminal law
Statutes and common law of crimes and their punishment.

D

De facto
(Latin) Literally actual, in reality;

      How matters are by custom though not required to be thus.

De jure
(Latin) Literally by right, by law;

How the law requires that matters be.

Dependent

• The spouse of an applicant;
• A child of the applicant who is under the age of 18 at the time of application;
• A child of the applicant who is over the age of 18 at the time of application and is unable, by reason of mental or physical disability, to earn a livelihood;
• Any other child who, in the opinion of an officer or designate, is financially dependent upon the applicant

Dependent adult
An adult who can not look after themselves for physical or mental reasons.

Duty Counsel Services
Services provided by a duty counsel lawyer are available to everyone regardless of their eligibility for Legal Aid. Duty counsel lawyers can give advice and perform other tasks. They do not become involved in trials.

E

Equity
Natural right or justice.

Estate
Grouping of all property of a person.

Ex post facto
(Latin) Literally after the fact; fixing or changing punishment for an act after it was committed.

F