PROC 124 Lecture Notes - Lecture 2: Pro Bono, Bankruptcy Act, Admiralty Law
24 Jan 2018
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Our focus: the public civil justice system. Key points from last class: key role played by the state in resolving private/civil disputes, it is civilization"s substitute for vengeance (jolowicz, public civil justice system operates along private dispositions resolution processes. In theory, settlement is great: we are exercising our self-autonomy to determine what"s just (personal freedom is at play: but it"s tainted by civil justice system"s inaccessibility. In practice, rarely are settlements completely free of coercion, made by parties w/ an equal access to relevant information: we have a tendency to celebrate settlement too quickly. Ca overturned decision on lawyer fees (so olivia isn"t entitled to reimbursed). Jl is bullied in the media by guy a lepage and citizens. Positive law (i. e. c. a and positive law) or guy. Most canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial.
