PPT-Precedent Cases in Canadian Common Law

Douglas Wilhelm Harder MMath Department of Electrical and Computer Engineering University of Waterloo Outline This talk focuses on case studies which have shaped Canadas common law Liability for the tort of negligence. Arbitral Precedent: Dream, Necessity or Excuse? by GABRIELLE KAUFMANN-KOHLER* Arbitration InternationalWilliam W. ParkArbitration International, Volume 23 Issue 3 This article has been adapted from :. The ability of judges and courts to make law. The operation of the doctrine of precedent. Reasons for interpretation of statutes by judges. E. ffects of statutory interpretation by judges. Strengths and weaknesses of law-making through the courts. Measuring the Legal Importance of. Supreme Court Precedents. James H. Fowler. UCSD. Timothy R. Johnson (Minn.). James F. Spriggs II (. WashU). Sangick Jeon (. Stanford). Paul J. Wahlbeck (GWU). U.S. Supreme Court is Institutionally Weak. 1. The main role of courts. decide . the facts of the case (that is, what happened). decide what law applies. apply the relevant law to the facts. reach a decision.. Online Research Task. You have 10mins. The development of negligence. Interpretations of past decisions. We know that…. Courts create precedent when they make a judgement on a new issue. Decisions of the courts may also be interpreted, clarified or extended in their meaning. Does the precedent put any constraint at all on how to decide a new case?. Let’s assume that every case has some factor that differentiates it from every other case (remember, factors can be complex).. Emma Kimball. Precedent. Definition:. An earlier event or action regarded as an example or guide to be considered in subsequent similar circumstances.. Court case decisions have the ability to impact all further decisions relating to a particular topic.. Lecture 8. Maritime Christian College. Scott Jacobsen, Instructor. Today’s Agenda. New Testament History. Interpreting the Gospels. “. Many sectors of evangelical Protestantism have a “restoration” mentality. We regularly look back to the church and Christian experience in the first century either as the norm to be restored or the ideal to be approximated. Thus we often say things like, “Acts plainly teaches us that …” However, it seems obvious that not all of the “plain teaching” is equally plain to all.”. - Varsha . Aithala. . Private law: . Statute: . Primary: Companies Act 2006 . Secondary/ delegated legislation - statutory instruments (or regulations) made by the Department for Business, Innovation & Skills (BIS) . precedent. The role of the courts. The main purpose of the courts is to settle disputes and apply existing laws to case that comes before them.. Sometimes they make law in the process of resolving a dispute because:. M.Math. . LEL. Department of Electrical and Computer Engineering. University of Waterloo. Waterloo, Ontario, Canada. ece.uwaterloo.ca. dwharder@alumni.uwaterloo.ca. © 2013 by Douglas Wilhelm Harder. Some rights reserved.. Chapter One. Why Study Courts?. Crime is News. Court Decisions Affect Lives. Gideon v. Wainwright . (1963). United States v. Booker (2005). Inform Discussions of Crime and Crime Control. What is Law?. Let’s assume that every case has some factor that differentiates it from every other case (remember, factors can be complex).. It would seem we could justify either verdict by citing that idiosyncratic factor as the reason.. How good are your powers of deduction?. Task:. On your table, you have a number of cards, each of which represents a court in England and Wales.. Can you create the hierarchy of the courts using your knowledge?.