LAWS 2908 Lecture Notes - Lecture 2: Family Law, Fiduciary, Summary Offence
Document Summary
Outcome of a legal dispute (who wins; who goes to jail) Decision made by a judge articulated in a set of reasons. An account of reasons for the decision, grounded in facts, issues, rules, policies. Hopefully, judge"s decision is in line w/ law in canada at the time, common sense, and any policies at play. First step when reading case is to figure out level of court. Cases are law in common law tradition. Cases carry authority they are the law; they are enforced and to be followed. Cases are reason disciplined by power ; language of law is backed up by force; changes behaviour; Involves the use of legal language , a form of discourse that carries power gives remedies or rights (benefits) E. g. define who a person is; property. Ontario court structure = supreme court of canada ontario court of appeal ontario superior. Court of justice ontario court of justice (provincial court)