LAW 201 Lecture Notes - Lecture 2: Family Law
12 Jun 2018
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Department
Course
Professor
Lecture 2: Case Briefing
Public Law:
• Criminal
o Crown v person or R v name
• Quasi-criminal ex. Highway traffic act
• Administrative/regulatory
• Issue is usually something other than money (liberty, permission, punishment)
Private Law (civil)
• Tort
• Contracts
• Family law
• Estates
• Issue is almost always about money
FIRAC:
• Facts
o Important (legally relevant) facts only (and some background)
o Legally relevant: a fact that is necessary to explain the outcome
o Ex. Date, who were the people, what happened
o Claims: crown seeks a finding of guilt; the accused defends and claims a finding
of not guilty or finding of guilt on a lesser case. Civil case is almost always money
o The parties: if criminal always crown and accused, if civil use names and say who
started the case (plaintiff)
o What triggered the lai? E the aused assaulted the oplaiat i the
offee shop shoig hi or the defendant refused to pay for the goods he
had ordered
o Procedural history: is this a trial? A motion? An Appeal?
▪ A trial is a court hearing in which both sides are heard fully, and the judge
decides the issues on a final basis; a court hearing which can be full or
partial; a optioal ourt proedure (ost iil ases do’t go to trial,
always an option to settle)
▪ On an appeal, the appeal court is usually bound by the findings of fact
ade the trial judge ad ill ol oerrule the if the are palpal
wrong (the standard of review- for errors of fact is quite high) prevents
backlog, there would be no disincentie to appeal. Appeal ourt does’t
see witnesses, only has a transcript, so appeal judges always refer to trial
judge’s fats. Appeal ourts do ost of their ork eause trial judge got
the law wrong
▪ A motion is a court hearing in the midst of an action, in which one side is
requesting a temporary order.
• Issues
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Public law: criminal, crown v person or r v name, quasi-criminal ex. Issue is usually something other than money (liberty, permission, punishment) Private law (civil: tort, contracts, family law, estates. Important (legally relevant) facts only (and some background: legally relevant: a fact that is necessary to explain the outcome, ex. Date, who were the people, what happened: claims: crown seeks a finding of guilt; the accused defends and claims a finding of not guilty or finding of guilt on a lesser case. Appeal (cid:272)ourt does(cid:374)"t see witnesses, only has a transcript, so appeal judges always refer to trial judge"s fa(cid:272)ts. Appeal (cid:272)ourts do (cid:373)ost of their (cid:449)ork (cid:271)e(cid:272)ause trial judge got the law wrong: a motion is a court hearing in the midst of an action, in which one side is requesting a temporary order. Appeal: to try to override the decision made at trial (no testifying)
