Hearsay.

The general rule with respect to hearsay evidence is that a witness is not allowed to repeat in court what there were told by a third party, if the reason for presenting the evidence is to prove the truth of the contents of the third party statement. It does not matter, how relevant the contents of statement are- its use is inadmissible if the person who made the statement is not there to give evidence to the court as to what he/she said.

Section 27 of the Courts of Justice Act states that at a hearing, a Small Claims Court judge may admit and act on any oral testimony ,documents , or other thing so long as it is relevant and not unduly repetitious, regardless of whether that evidence would be admissible in any other court. 

Any statutory rules with respect to evidence ( as set out in the Ontario Evidence Act) must be complied with s.27(3) and 27(4). In other words, in Small Claims Court, a hearsay evidence is admissible. The judge hearing the matter must decide how much weight, or credibility, to give the hearsay evidence. 

Section 27(5) provides that a copy of a document or other thing may be admissible if the trial judge is satisfied as to its authenticity.

The relaxed approach to evidence is in keeping with the general mandate of Small Clams Court to provide a forum where parties may have their proceedings resolved in a just, speedy. inexpensive manner. Where comparatively modest sums of money are involved, unsophisticated or self- represented parties should be able to present their case without being obliged to master complex rules of evidence.

Who may represent a party in a smal claims court?

Section 26 of the Court of Justice Act provides that a party may be represented in a proceeding be a person authorised under the Law Society Act to represent the party. However, if the person is not licensed under the Law Society Act, the court may exclude that person from appearing on behalf of a party if the  court finds that the unlicensed person is not competent to properly represent the party or does not understand and comply with the duties and responsibilities of an advocate.

Example of licensed persons are lawyer and paralegals. Lawyer are the persons who have been called to the Bar of Ontario and are licensed to practise law in Ontario. Paralegals are non-lawyers agents who are licensed to provide legal services to clients for fee in Ontario.

Non-licensees may provide legal services to the public if they fall within any of the exemptions set out in By-Law4.s.30:

1. An individual who is employed by a single employer that is not a licensee or a licensee firm, who provides legal services only for and on behalf of the employer, and does not provide and legal services to any person other that the employer.

2. A law student who volunteers in or is completing a clinical education course at a student legal aid services society, provides legal services through the clinic's designated community only, and acts under the direct supervision of a lawyer.

3. Any individual whose profession or occupation does not include the provision of legal services or the practise of law: who provides legal services only occasionally for or on behalf of a related person , a friend, or a neighbour: and does not receive any form of compensation or benefit for providing those legal services.

Small Claims Court

Small Claim Court is a civil trial court. In Ontario, Small Claims Court is a division of the Superior Court of Justice.  

Unlike the Ontario Court of Justice and the Trial Division of the Superior Court of Justice, Small Claims Court has no criminal or quasi-criminal jurisdiction .

Jurisdiction-is a court area of legal authority. 

Small Claims court hears civil actions only-that is actions in which one party sues another party for some form of private relief. In Small Claims Court, the relieve sought is usually money. Small Clams Court also has jurisdiction to make orders for the return of property. 

For legal purposes, an action is a proceeding brought in a court. The persons involved in the action or proceeding are called the parties to the action. Parties to a civil action are also known as litigants because they are involved in civil litigation.  

The party who commence the action is called the plaintiff. The party who defends the action is called the defendant. There might be multiple plaintiffs, or co-plaintiffs, in an action, so long as relieve they are seeking from the defendant is base on a common set of facts or issues. There might be multiple defendants, or co-defendants, in an action, if the plaintiff has reason to believe that one or more persons may be liable for the relieve sought.

Indictable offences, summary convictions, hybrid offences.

Crimes are described as treasons, felonies and misdemeanors. Crimes also referred to us as following:

Indictable offences are serious offences such as aggravated assault. 

Summary convictions are less serious offences such as common assault, theft under a certain amount. 

Hybrid offences include a wide range of offences that might be designated indictable or summary conviction offences at the option of the Crown. 

Depending on whether an accused is charged with summary conviction or indictable offence, he or she has a number of trial options.

Jurisprudence

Jurisprudence means the philosophy and science of law. The word is derived from Latin and has two parts:

juris, meaning "of right" or "of law" and prudence, which refers to being skilled or learned in law.  

Today, jurisprudence embraces all aspects of legal thought and is used in the study of legal principles, theories, concepts, institutions and the historical development upon which our law is bases.  

The law sometimes been compared to one of the great pyramids of Egypt. Created by humans, a pyramid is imposing, and inspiring from the outside. There is uncertainty and speculation regarding the process of its creation. It appears impenetrable and complex, yet as you move inside the structure, it reveals more and more of the secrets of the history, society, and believe of the people responsible for it.    

It might be useful to visualize jurisprudence as though you were looking down on a pyramid and viewing all the different aspects that make up the law.  By studying these different but integrated parts, it is possible to better understand the law. Jurisprudence ensures that changes to our laws are made with careful consideration and are informed by the insights of the legal writers, law-makers, and scholars of the past.

Categories of Law: substantive, procedural; public, private.

Knowing the law and how it functions allow us to structure our lives as productive and accepted members of the community and to predict the consequences of our conduct. In order to play the game, we must know the rules.

Law consists of rules with different but intersecting functions. The primary categories are substantive and procedural laws.  

Substantive law establishes not only the rights an individual has in society but also the limits on his or her conduct (rights to vote, to own property etc.,) 

Procedural law determines how the substantive law will be enforced (rules governing arrests, investigation, rules of governing court procedures etc.,)  

Law can also be distinguished by its public or private function.  

Public law includes constitutional law that determines how the country governed and the laws that affect an individual's relationship with government, including criminal law and regulations created by government agencies. 

Private law involves the rules that govern our personal, social and business relations, which are enforced by one person suing another in a private civil action.

Definitions for "actus reus" and "mens rea".

Actus reus (Latin)-means "guilty act".  

Mens rea (Latin)-means "guilty mind".

The mentioned above two components needed for a conviction.  

For example:  

Assault is committed when a person intentionally touches another without consent. Proof of physical contact without consent is the actus reus of the offence: whether or not it was done intentionally is the mens rea component.

Discovering Legal Vocabulary Part II.

The language of law is both familiar and foreign. It is familiar because it is part of our lives. It is useful to know and understand legal terminology. The study of legal terminology is very particular and the words used are precise. Small variations and interpretations of the words may lead to major differences in legal decisions. By using correct legal terminology we can justify and support our opinions, be effective and efficient in conducting productive legal research as well as make inferences based on facts. The knowledge of legal terminology is also necessary to summarize legal case and to identify legal concepts.The meaning of legal terms is critical in understanding of a case or a statute.  

Appellant- the person launching  an appeal to a higher court in a legal action.

Arbitrary- without reason or judgement 

Arbitration- a form of dispute or resolution in which a neutral third party hears a dispute between two parties and then makes a decision, which both parties have agreed to follow. 

Arms embargo- a particular type of sanction that prohibits the supply of arms or other military equipment to designated countries.

Assumption of sovereignty- for the purpose of defining Aboriginal rights, the requirement for proof of occupation of the land prior to the time of European contact and control. 

Atheist- a person who does not believe in the existence of God or gods. 

Attaches- technical experts on a diplomatic staff(military attaches). 

Authority- legal power to command, act, implement and enforce laws 

Automatism- the state in which a person has no conscious control over his or her actions: a defence used  so that people in this state cannot be found criminally responsible.

Discovering Legal Vocabulary Part I

The study of law can be intimidating because it seems to revolve around the learning of a whole new language. Some legal words may look and sound familiar, such as "judgement", "intent" and "consideration", but their specific meaning in a legal contest is different. Legal words and phrases are often derived from Latin or French, a fact that can help you to decode their meaning. 

Aboriginal Title-a specific Aboriginal right referring to claims for landownership. 

Absolute Discharge- a sentencing option used by a judge where by no conviction is recorded an d no conditions are attached.

Absolute Liability- the concept that there is no defence, fault is not an issue and the accused is convicted based on the guilty act.

Abstract-a summary of the essential components of a larger case. 

Accommodations- the adaptation of existing requirement or condition by an employer to enable an employer to carry out the essential aspect of a job.

Acquitted- release after being declared not guilty.

Acts-formal agreements between two or more sovereign states: see also conventions, covenants, protocols and treaties. 

Actus Reus- a Latin term meaning 'guilty act' that refers to the physical aspect of crime. 

Ad hoc tribunal-courts set up to deal with individual circumstances on an as-needed basis.

Adjudication-a judicial decision: the act or process of arriving at a decision after considering the facts.

Administrative Law- the law that governs the governmental agencies empowered by the legislature to make decisions on certain matters. 

Adversarial trial system- the trial system that used in Canada, that seeks the truth by having two opposite parties. represented by lawyers, argue a case in front of an impartial judge who weights the evidence presented.

Adverse-effect discrimination- a requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect toward an individual or group (height requirements for police officers).       

Adverse possession- a method of acquiring title to property or land if an occupant remains on the land for a lengthy period of time with the knowledge of the owner but without his or her permission.  

Affirmation-action programs- plans designed to remedy disadvantages faced by four designated groups-women, Aboriginal people, visible minorities and people with disabilities.

Agency shop- a workplace in which a new employer is not required to join the union but still must pay union dies: also called the "Rand formula" (introduced by Judge Rand). 

Aggravating factors- elements that increase responsibility for his or her actions and are considered by the judge in imposing a more severe sentence (evidence that the offender was motivated be ethnic prejudice). 

Air embargo-the cancellation of all international flights into or out of country. 

Ambassadors- heads of embassies in foreign countries, who are either career civil servants or political appointees.  

Anomie theory- a sociological hypothesis arguing that criminal behaviour is more likely to thrive in an anonymous urban setting that in a more traditional rural setting.   

Appeal allowed- overturning of a lower courts decision by a higher courts and substitution with its own decision.  

Appeal dismissed- acceptance by a higher court of the previous court's decision. 

What law means? Part I

Studying the law means more that learning a set of rules or legal terms. It includes learning how to use your critical thinking skills to make informed judgements and solve problems. We have to think and anylize law. Some would say thinking like a lawyer involves using the law to arrive to a logical solution to a problem. To know law, be able to apply it to a new set of facts, be able to argue an opponent's view as well as your own and find that right answer, may only lead you to discover that there may not be a "right" answer. Only an answer that merely asserts an opinion without support or thoughtfulness or an answer that reflects considered analysis and research and is well argued. Yes, this is law. 

One of the interesting aspects of law is the conflict between abstract principles and the very human problems of every day life. The cases that come before the courts represent the most difficult of these problems to resolve. If they were simple, they would have been settled much sooner. The law is often imprecise, and sometimes there are no definitive answers. To get to the most from the study of law, you should have an open mind, be willing to struggle with legal principles, and provide sound, substantial reasons for your decisions. I would be glad to share my legal experience and gained, by hard work at school, legal skills in my next article. This is my first post and I hope you've found it interesting.