What semantic notions underlie &#39;articles&#39; with legal apprenticeship? Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 265 Middle. Historically, in Canada, there was debate over rival methods for teaching law. Some members of the legal community believed that traditional English vocational methods for training lawyers should be followed. These methods were based on an apprenticeship model where- by law students served "under articles," and obtained practical experience and direct knowledge of the law by working with and under the supervision of a practising lawyer. This training could also be supplemented with law society lectures. On the other side of the legal education debate were those who favoured the idea of formal university training at a recognized law school, where professors (rather than practising lawyers) taught the law. The debate was resolved in favour of the current model, which combines academic course-work with articling requirements.4 articles an apprenticeship under a practising lawyer 4 William H Hurlburt, The Self-Regulation of the Legal Profession in Canada and in England and Wales (Calgary and Edmonton: Law Society of Alberta/ Alberta Law Reform Institute, 2000) at 69-78. How did "article" semantically specialize to this legal signification?
There is no generalisation. The "articles" are articles of clerkship. The context permits the implication of that specific usage, in the same way that talking about "cars" at a racetrack isn't a generalisation of the word "car" - it's an implication of specifically racecars. Ancestry.co.uk explains well what the articles actually are. Briefly, they are simply fixed-term apprenticeship contracts between an established practicing lawyer and a student who wishes to become a lawyer.
What's the use of contracts if you can't take a contract violator to court? A clear, thoughtful contract can be a deterrent to misconduct, and Australia is one of many jurisdictions where pro se litigation is allowed. Self-represented litigants certainly have to undergo a steep learning curve and are expected to comply with a code of conduct, procedural law, and so forth, but my point is that hiring a lawyer is not compulsory. Even if for some reason the defrauded party declines to sue the tortfeasor (thereby forfeiting the recovery of the losses), there is a societal obligation to alert others about the tortfeasor's misconduct. Making the contract available to others facilitates alerting them on objective grounds so they don't become the tortfeasor's next victim, and it simultaneously helps for setting the record straight that the damages/losses were not one's own fault. Without a contract, it would be more difficult for others get a sense of whether misconduct occurred at all. Or worst, halfway down the line, you don't have any money left to pay your lawyers, and they leave the case. Hence the importance to litigate in pro per from the start. It is easy for a person retaining a lawyer to postpone (be it due to family obligations, workload, and so forth) his learning of the law. But that postponement only makes the client more vulnerable to his lawyer's subsequent withdrawal when court proceedings are midway: the client would have the dilemma of either finding another lawyer to resume the case --predictably at a higher cost--, or cram the learning curve in trying to keep up with the proceedings.
This is a close call, in the example that you suggest, because it won't have been executed with the proper formalities and it isn't clear that the content at a url would be fixed in its language at the time that the Will is executed. Subject to an exception for personal property memorandums (and a more subtle one for powers of appointment in trusts) you can't change the terms of a Will once it is signed except by a Codicil executed with the same formalities. Certainly, the best practice would be to assume that the answer is no. There are times when a reference to an external document in a will is allowed (e.g. a reference to real property by address rather than a full legal description found in a recorded deed), but a list of beneficiaries would ordinarily not be allowed unless it was effectively a reference to vital statistics records (e.g. "all children born to or adopted by me.") In general, references to external documents are not allowed when used to establish the nature of the testator's donative intent (a "testator" is someone who writes a will), unless it "describes the writing sufficiently to permit its identification" and can't be modified after the Will is signed, but can be used to establish general facts about reality. One exception in Colorado is that a "personal property memorandum" designating who will receive specific items of tangible personal property can be incorporated by reference and does not have to be executed with the same formalities as a will. It isn't clear to me if a url could be a valid personal property memorandum and that issue has never been tested in Colorado. Colorado's probate laws are based on the Uniform Probate Code and would be substantially identical to any other jurisdiction that adopted the Uniform Probate Code's substantive provisions. The primary statutes governing this (which aren't necessarily easy to understand without context) are: Colorado Revised Statutes § 15-11-502. Execution--witnessed or notarized wills--holographic wills (1) Except as otherwise provided in subsection (2) of this section and in sections 15-11-503, 15-11-506, and 15-11-513, a will shall be: (a) In writing; (b) Signed by the testator, or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) Either: (I) Signed by at least two individuals, either prior to or after the testator's death, each of whom signed within a reasonable time after he or she witnessed either the testator's signing of the will as described in paragraph (b) of this subsection (1) or the testator's acknowledgment of that signature or acknowledgment of the will; or (II) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments. (2) A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. (3) Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting. (4) For purposes of this section, “conscious presence” requires physical proximity to the testator but not necessarily within testator's line of sight. (5) For purposes of this part 5, “will” does not include a designated beneficiary agreement that is executed pursuant to article 22 of this title. and Colorado Revised Statutes § 15-11-503. Writings intended as wills (1) Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (a) The decedent's will; (b) A partial or complete revocation of the will; (c) An addition to or an alteration of the will; or (d) A partial or complete revival of the decedent's formerly revoked will or a formerly revoked portion of the will. (2) Subsection (1) of this section shall apply only if the document is signed or acknowledged by the decedent as his or her will or if it is established by clear and convincing evidence that the decedent erroneously signed a document intended to be the will of the decedent's spouse. (3) Whether a document or writing is treated under this section as if it had been executed in compliance with section 15-11-502 is a question of law to be decided by the court, in formal proceedings, and is not a question of fact for a jury to decide. (4) Subsection (1) of this section shall not apply to a designated beneficiary agreement under article 22 of this title. and Colorado Revised Statutes § 15-11-510. Incorporation by reference A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. and Colorado Revised Statutes § 15-11-511. Testamentary additions to trusts (1) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. (2) Unless the testator's will provides otherwise, property devised to a trust described in subsection (1) of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and is administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. (3) A revocation or termination of the trust before the death of the testator causes the devise to lapse, but exhaustion of trust corpus between the time of execution of the testator's will and the testator's death shall not constitute a lapse; a revocation or termination of the trust before the death of the testator shall not cause the devise to lapse, if the testator provides that, in such event, the devise shall constitute a devise to the trustee of the trust identified in the testator's will, and on the terms thereof, as they existed at the time of the execution of testator's will, or as they existed at the time of the revocation or termination of the trust, as the testator's will provides. and Colorado Revised Statutes § 15-11-512. Events of independent significance A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event. and Colorado Revised Statutes § 15-11-513. Separate writing or memorandum identifying devise of certain types of tangible personal property Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. There is not a statutory definition of a "document" or a "writing" in the Colorado Probate Code.
It does not need to be expressly defined in statute in order to be legally effective. Courts have no trouble interpreting ordinary words used in their conventional way. And there is no other definition that could work instead, considering the full body of law that (1) intends to apply to the whole of the United Kingdom, (2) often distinguishes between &quot;Great Britain&quot; and &quot;Northern Ireland&quot;, (3) often distinguishes between &quot;England&quot;, &quot;Wales&quot;, &quot;Scotland&quot; and &quot;Northern Ireland&quot;, (4) treats &quot;Great Britain&quot; as synonymous with England, Wales and Scotland, and (5) often uses &quot;Great Britain&quot; without further ceremony, as if it's a term that doesn't need to be explained. It is helpful that legislation (at least in the modern era) is consistent about the view that &quot;Great Britain&quot; refers precisely to England, Wales and Scotland all together. By virtue of the Interpretation Act 1978, &quot;United Kingdom&quot; means Great Britain and Northern Ireland. from which we may deduce immediately that Great Britain means the United Kingdom except for Northern Ireland. There is no sibling '&quot;Great Britain&quot; means...' clause, but construing it any other way than the normal meaning would not work. From the combined definitions of &quot;England&quot;, &quot;Wales&quot;, &quot;British Islands&quot;, etc. - which by reference, also deal with such historically doubtful areas as Berwick and Monmouthshire - there is no other way to interpret the term &quot;Great Britain&quot; without distorting the required meaning of &quot;United Kingdom&quot;. Including too much or too little in &quot;Great Britain&quot; would give the wrong result, in particular for statutory extent clauses that refer to the whole United Kingdom and ought not to accidentally leave out Cornwall or include Hanover. We do not need to go as far as the Acts of Union, which is lucky since that would entangle us in concerns about whether &quot;England&quot; includes &quot;Wales&quot;, or other historical anomalies that are not relevant in current law. I would treat the Acts of Union as giving added force to the conventional meaning, rather than being the source of that meaning, since there are uses of the term which seem to be more about Great Britain considered as a place than the political entity. For example, the Food Safety Act 1990 s.18(3) talks about &quot;any food which has not previously been used for human consumption in Great Britain&quot;, which seems to talk more about the food culture of the place, even predating the Acts of Union, than about the Kingdom of Great Britain or its successors. The term &quot;Great Britain&quot; is frequently used in statutes in the customary way. For example, The Political Parties, Elections and Referendums Act 2000 s.28 creates a &quot;Great Britain register&quot; and a &quot;Northern Ireland register&quot; of political parties, and s.38(1)(3)(b) provides for the &quot;Great Britain register&quot; to cover precisely England, Scotland and Wales. The Northern Ireland Act 1998 s.87 is about provisions of UK social security law that operate differently in Great Britain and Northern Ireland. The Electricity Act 1989 (as amended) provides for the issue of &quot;GB certificates&quot; as opposed to &quot;NI certificates&quot;, and also defines &quot;the relevant part of Great Britain&quot; as meaning either &quot;England and Wales&quot; or &quot;Scotland&quot; (s.32M(1)). The Agriculture Act 2020 s.35 provides for a &quot;red meat levy&quot; to be paid between &quot;one country in Great Britain&quot; and &quot;another such country&quot;, and goes on in 35(8) to list the levy bodies for England, Scotland and Wales. So all of this points to the same common meaning as in everyday life. In court, for example, Lord Hoffman in Serco v Lawson [2006] UKHL 3 had to consider the Employment Rights Act 1996 s.196, since repealed, which governed &quot;work wholly or mainly outside Great Britain&quot;. (And by the way, in 196(1)(b) is a listing of &quot;England and Wales&quot; and &quot;Scotland&quot; as the two possible bodies of law relating to Great Britain.) In his judgement, he says: It is true that section 244(1) says that the Act &quot;extends&quot; to England and Wales and Scotland (&quot;Great Britain&quot;). But that means only that it forms part of the law of Great Britain and does not form part of the law of any other territory (like Northern Ireland or the Channel Islands) for which Parliament could have legislated. That is, he does not find it difficult to gloss the extent provision in 244(1), which doesn't include the exact words &quot;Great Britain&quot;, as actually referring to Great Britain. Other legislation refers to &quot;Great Britain&quot; as a locale, like the Wild Animals in Circuses Act 2019 which talks about &quot;an animal of a kind which is not commonly domesticated in Great Britain&quot;. This is a straightforward reference to the kind of activities typically going on in that location, treating it as the island(s) and not the political entity. The expression does not include the territorial sea, by default; some statutes include it, like the Gas Act 1986 s.5(9) which says: For the purposes of this section a place is within the jurisdiction of Great Britain if it is in Great Britain, in the territorial sea adjacent to Great Britain or in an area designated under section 1(7) of the Continental Shelf Act 1964. There are several other instances of particular statutes defining &quot;Great Britain&quot; to include adjacent waters, but they do not define the core concept of Great Britain otherwise. They do not need to.
Different jurisdictions have different attitudes and histories. The difference is probably more cultural than legal and both leases are quite likely legal in both jurisdictions. In general, US jurisdictions tend towards laissez-faire capitalism and contracts have a buyer beware slant. Civil-law European countries are much more collective and have very strong consumer protection. Canada and other Commonwealth countries fall somewhere in the middle.
It is complicated to answer why a law is what it is. Judge Frank Esterbrook writes (in the forward to Reading Law by Scalia and Garner): Every legislator has an intent, which usually cannot be discovered, since most say nothing before voting on most bills; and the legislature is a collective body that does not have a mind; it "intends" only that the text be adopted, and statutory texts usually are compromises that match no one's first preference. If some legislators say one thing and others something else, if some interest groups favor one outcome and others something different; how does the interpreter choose which path to follow? I will provide the historical background leading to the current fair use statute and case law, but take from it what you will as to why it is what it is. Fair use is a statutory defence provided by 17 USC 107. Its application is clearly demonstrated in Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994). Fair use was an "exclusively judge-made doctrine until the passage of the 1976 Copyright Act". (Campbell) Courts had been finding exceptions for "fair abridgements" and other precursors to fair use as far back as under the Statute of Anne of 1710. (Campbell, citing William Patry's "The Fair Use Privilege in Copyright Law".) This doctrine worked its way into US case law in the nineteenth century. In Folsom v. Marsh, 9 F. Cas. 342 (No. 4,901) (CCD Mass. 1841)1, Justice Story distilled the essence of law and methodology from the earlier cases: "look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work." (Campbell) Folsom states: There must be real, substantial condensation of the materials, and intellectual labor and judgment bestowed thereon; and not merely the facile use of the scissors; or extracts of the essential parts, constituting the chief value of the original work. This early incorporation of fair use focused on whether something new was being created, or whether the "chief value" of the original work was being taken. This primary focus on transformativeness has stuck with with fair use doctrine until today. Campbell said (internal citations removed): The central purpose of this investigation is to see, in Justice Story's words, whether the new work merely supersedes the objects of the original creation ("supplanting" the original), or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is "transformative". Although such transformative use is not absolutely necessary for a finding of fair use, the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works. Such works thus lie at the heart of the fair use doctrine's guarantee of breathing space within the confines of copyright, and the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use. Campbell also includes the following statement of rationale for why Congress included section 107: Congress meant § 107 "to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any way" and intended that courts continue the common-law tradition of fair use adjudication. H. R. Rep. No. 94-1476, p. 66 (1976) (hereinafter House Report); S. Rep. No. 94-473, p. 62 (1975) (hereinafter Senate Report). There is no support for your separation of "parody, comment, and criticism " from "teaching, research, and news reporting", or that there are differing amounts of commercial use allowed for these types of work. The statute lists together "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" as examples purposes. The statute requires that "whether such use is of a commercial nature or is for nonprofit educational purposes" be considered in all fair use cases. There is also very little if any First Amendment rationale expressed for the fair use doctrine. The intersection of the First Amendment and copyright law is more clearly found in the idea/expression dichotomy. 1. Folsom v. Marsh full opinion text
Yes Yes Yes However, these are pretty standard contract terms. Many, many terms survive the end of the substantive agreement. For example, terms with respect to ongoing confidentiality, dispute resolution, warranties, termination itself etc. The second is so common it actually has a named legal doctrine: reading down. In the absence of such a clause, if the contract inadvertently exceeds what the law allows, it preserves the contract rather than leaving both parties without contractural protection.
Canadian lawyers who handle this kind of matter usually describe themselves as &quot;human rights&quot; and/or &quot;discrimination&quot; lawyers. No formal regulatory specialty is recognized or required, however. Any licensed lawyer in good standing is legally permitted to take on such a case.