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Lecture 2

LAWS 2908 Lecture Notes - Lecture 2: Fiduciary, Case Report, Personal Injury

Course Code
LAWS 2908
Zeina Bou- Zeid

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Week Two VIDEOS:
What is a Case?
An outcome of a legal dispute (who wins; who goes to jail etc.)
A decision made by a judge articulated in a set of reasons
An account of the reasons for the decision, grounded in facts,
issues, rules, and policies.
A story about a particular dispute (in terms of how facts and
issues are framed, how evidence is interpreted or understood
and how legal precedents are deployed)
Di"erent Types of Cases:
Trial v appeal decisions (intermediate and %nal)
The focus varies
oA trial court judge spends a lot of time hearing evidence
from witnesses and experts as well as submissions on the
applicable law (precedent cases, statues). A trial court
judge also crafts the intial order or remedy
oAn appeal court, in reviewing the trial decision, is not
concerned with %ndings of fact (and doesn’t hear new
evidence) but focuses on whether the trial judge used
correct principles and applied them correctly
More Than a Story:
Cases carry authority. They are the law (they are enforced and to
be followed)
Involves the use of legal language, a form of disclosure that
carries power
Thus, cases are reasoned disciplined by force; change behaviour,
gives remedies or rights (bene%ts)
The Nature of Judicial Decision-Making that is re/ected in Cases:
Judicial decision-making is deliberative
Judges in the common law system reason from the particular and
speci%c to the general principal
o“I prefer the traditional common law approach. I feel
happier as I gradually develop the law from one factual
situation to another, and see the principles develop as we
go along” -Lord Go" (distinguished judge of the UK)
Legal Readings:
Cases are texts with speci%cally legal and operational meanings
or signi%cation; a key element in legal education is developing
the necessary vocabulary and kills to become e7cient legal
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