GNED 1303 Lecture Notes - Lecture 3: Minority Language, Pierre Trudeau, English Law
1 Feb 2017
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What is the oldest form of justice = natural justice ** (will be on the exam) Originally based on customs, traditions and values of the land. Precedent and stare decisis (the decisions to stand by: vertical binding = example: supreme court makes decision, all lower courts will follow. Future decisions are based on past rulings. When laws are written = consistent, clear and transparent. What we have learned from common law: dress code. Judge (sits up higher: precedent -> judge made law. During court case, judges and lawyers apply existing laws to the particular court case. Not all cases are the same, existing laws have to be interpreted to fit the facts of each case. Precedent from earlier similar fact cases are used by judges and lawyers to determine the outcome of the present case. Case law results from the outcome of each new case. Where the law is interpreted from the circumstances: case law may become common law.
