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 case is brought form lower to higher court (or committee) for revised ruling or rehearing

Applicant

An individual who has applied to the Legal Aid Society 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 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 Service

The provision of after hours legal advice by telephone to persons who have been detained by police. The Legal Aid Society operates a toll-free line for after hours access to immediate legal advice for all detained persons in Alberta, regardless of their financial standing. The number for the toll-free Brydges line is posted in detention centres across the province.

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 Welfare Act

Provides the legislative foundation for child protective services, adoption services, and services to children with disabilities in the province of Alberta

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 recieving 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

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

Dependent Adults Act

An act which permits for surrogate decision making for adults who are unable to make decisions about personal matters, two types of orders can be granted under this act

Guardian a guardian is a person who is given the power to make decisions regarding daily living for a dependent adult

Trustee a trustee is a person who is granted the power to make decisions regarding a dependent adults finances and estate

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 don 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

Family

The applicant and his dependents (or in the case of youths his parents or guardians);

Dependents may include an applicant's spouse, common law spouse, a child of the applicant if the child is under the age of eighteen, any other child who is financially dependent on the applicant

Fee

Lawyer's charge for his services

Financial Eligibility

Criteria for an applicant for Legal Aid, the income and assets of an applicant must fall between set guidelines

G

Gross Family Income

All monies received by a family before any deductions whatsoever

Guardian

One legally empowered to manage the affairs of a minor or incompetent person

H

Hearing

Preliminary court examination of contested issues in criminal and civil proceedings

Hybrid Offences

Offences where the crown has the choice to treat the offences as indictable offences or summary offences

I

Indictable Offence

An indictable offence is more serious than a summary conviction offence. Conviction of an indictable offence exposes you to greater penalties than summary offences

JK

Joint Committee

Prior to the Legal Aid Society of Alberta administering Legal Aid, the Alberta Law Society and the Attorney General of Alberta administered Legal Aid through a committee composed of both parties. This committee was known as the Joint Committee

Joint Custody

Sharing of child's upbringing by divorced parents

Judicare

A method of providing legal help to needy people where lawyers accept cases at a greatly reduced fee.

Justice

Establishment and administration of rights based on rules of law and equity

L

Law

Body of recognized rules of conduct and order established and enforced by government;

Rule of conduct or action formally recognized as binding and enforced by controlling authority

Lawyer

An individual enrolled a an active member of The Law Society of Alberta or a professional corporation under Part 8 of The Legal Profession Act

Legal Aid

The legal assistance provided to an individual pursuant to the Legal Aid Society Rules to maintain his rights under the law

Legal Aid Client

An applicant whose application for legal aid has been approved by the Legal Aid Society

Legal Aid Certificate

A document issued by the Legal Aid Society of Alberta to a lawyer authorizing him to act on behalf of a legal aid client pursuant to the rules of the Legal Aid Society of Alberta

Legal Aid Officer (LAO)

Front line worker for the Legal Aid Society of Alberta, LAO's are responsible for determining eligibility for legal aid, LAO's are not lawyers and cannot answer legal questions

Legal Aid Plan

The plan to provide legal aid to individuals in need thereof, provided for by an agreement between Her Majesty the Queen in right of Alberta, The Law Society of Alberta dated February 13, 1979, and the Rules of the Legal Aid Society

MNO

Officer

The Southern, Northern, Finance or Executive Director of the Legal Aid Society, or any other officer designated by the Board to act pursuant to the Rules of the Legal Aid Society

P

Private Bar

Lawyers who work for a member of the public, not government

Privileged communications

Statements and confidences that cannot be inquired into by other or made basis for suit, especially between lawyer and client, husband and wife, or doctor and patient

Pro bono

(Latin) Literally for the good;

Legal work taken on behalf of the public for little or no fee

Public defender

(USA) Lawyers hired by government to defend accused who cannot afford lawyers fees

QR

Regional Legal Aid Committee

A Committee established within a region pursuant to an agreement between the Law Society of Alberta nad the Legal Aid Society of Alberta and the Legal Aid Society of Alberta dated May 31, 1979

Resident Albertan

An individual who makes his home and is ordinarily present in Alberta

Retainer

Advance fee paid on hiring lawyer's services

Roster

Lawyers who wish to accept legal aid cases belong to the Legal Aid Roster

Roster Newsletter

This is a publication from the Legal Aid Society of Alberta for lawyers who are on the Legal Aid Roster

S

Substantive

Having baring on fundamental rights and merits as apposed to procedural aspects of case

Substantive Eligibility

This is eligibility criteria which does not depend on finances, it includes criteria such as the type of legal problem and the merit of the case

Summary Conviction Offences

Summary conviction offences encompass the most minor offences in the Criminal Code. Unless a different penalty is specified, summary conviction offences are punishable by a fine up to $2000 or six months' jail or both.

T

Tariff of Fees (Tariff)

The Legal Aid Tariff of Fees dictates how lawyers accounts should be paid.

Taxation Officer

An employee of the Legal Aid Society responsible for the taxation of accounts submitted by lawyers

UVW

Unwritten law

Law based on custom rather than legislative statue

Ward

Minor child or incompetent person in care of guardian

XYZ

Young Offenders Act

An act which provides the groundwork for how young offenders are dealt with in the legal system