Part Two by Annette Demers BA LLB MLIS Judicial Decisions judicial decision public record majority are unreported only found at the registry office Judicial Decisions the Supreme Court ID: 554555
Download Presentation The PPT/PDF document "Working with Judicial Decisions" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Working with Judicial Decisions Part Two by Annette Demers BA LLB MLIS
Judicial DecisionsSlide2
-judicial decision = public record-majority are unreported (only found at the registry office)
Judicial DecisionsSlide3
-the Supreme Court must report all of its decisions;-the Federal Court may selectively report;
Judicial DecisionsSlide4
-commercial publishers select and prepare for publication only a few decisions each year which are determined by the editors to have added something new / unique to Canada’s jurisprudence;
Judicial DecisionsSlide5
-judicial decisions can be found using a citation to the printed
reporter-if preparing for court you must provide a copy of the case from the printed reporter for cases predating 2000;
Judicial DecisionsSlide6
-judicial decisions are sometimes available from the website of the tribunal
-judicial and tribunal decisions are found on CanLii and Quicklaw
Judicial DecisionsSlide7
Judicial Decisions
If asked to research on a topic, first try:
a. Dictionary
b. Encyclopedia
c. Textbook or
looseleaf
d. Journal article
Use Secondary SourcesSlide8
Judicial Decisions
Do you have specifics? (Case citation, party name?)
Unique terms
Key Legal Issue properly stated
Synonyms
Truncation
Put it all together
Preparing for a Case Law SearchSlide9
Algorithm QLSlide10
Let’s Try it together!
Does the contract principle of “caveat emptor” (buyer beware) still apply in cases where the seller engaged in fraudulent misrepresentation? Slide11
Sample Query
“caveat emptor” /s “fraudulent misrepresentation”Slide12
You Try It! Prepare a
Quicklaw
Query
Using a negligence claim, could
a party
recover
the cost of
repairing
or replacing a dangerously defective product from a
manufacturer
where the defect caused an accident
resulting in
personal
injury
?Slide13
You Try It! Prepare a
Quicklaw
QuerySlide14
You Try It! Prepare a
Quicklaw
Query
negligence and (repair!
or
replac
!) and (dangerous! or defect!) /s product! and “personal injury”Slide15
Common Law Matters
Judicial DecisionsSlide16
Precedent
“Literally
“to stand by things decided,”
stare
decisis
is a rule that requires judges to follow or obey the rulings of other judges higher in the judicial hierarchy and is similar to the concept of a binding judicial precedent. When the facts in Case A are similar to Case B, the judge in Case B must follow the ruling in Case A if the judge in Case A is from a higher court in the same jurisdiction
.”
Tjaden
,
Legal Research and Writing,
(3
rd
ed
) (Irwin Law, 2010).Slide17
Note Up
In order to understand whether the outcome of a particular case is still good law, we must understand:
History of the case. Was the decision upheld on appeal?
Cases that have cited the case. Was the decision upheld in later decisions by higher levels of court, or was the decision overturned or modified in some way?Slide18
Note Up
Our Online databases provide electronic tools which help users to see
:
1.
History of case
2. Cases
that have cited other cases (judicial consideration).Slide19
Understanding the History of a Case1. Review the history line in an SCC decision.
Example: Locate Irwin Toy using SCC Lexum site.
Judicial DecisionsSlide20
Locating the History of a Case and Noting Up on
Quicklaw
Quicklaw
:
Locate the case
Choose “Note up with
Quickcite
”
Filter
Review carefully, determine relevant cases
Note up any relevant case to ensure it is still good lawSlide21
Noting Up – Let’s Do it Together!
Use
Quicklaw
to find any Supreme Court cases which have discussed this case:
2009
SCC 12Slide22
Noting Up – Cases – You Try
Quicklaw
Example:
Are there any Supreme Court cases which have
followed
:
R
v
Craig
,
2009 SCC
23,
[2009] 1
SCR 762.Slide23
Noting Up – Cases
CanLII
Look for this case on
CanLII
: 2008 SCC 9 (Dunsmuir).
Has this case been cited by the SCC?
Which of the resulting SCC cases has been most frequently cited?Slide24
Remember, there are rules in the McGill Guide which tell you when it is appropriate to include the history of a case in a case citation.
Case CitationsSlide25
THANK YOU!
Annette Demers
ademers@uwindsor.ca
http://www.uwindsor.ca/law/library
Judicial Decisions