LAW 122 Lecture Notes - Royal Assent, Family Law, Property Law

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Document Summary

Govt delegates authority: e. g. province creates a municipality, and municipality is given power to pass by laws. Function of the courts: interpret & apply constitution & legislation, create and apply common law (judge-made law) Generally cannot be sued (i. e. not a legal person); Plaintiff person who starts the law suit. Small claimants can pursue claims: economic efficiencies. Multiple claims are joined together in one action: behaviour modification, examples. Certifying a class action: cause of action, common issues among all class members, representative plaintiff who will act in interests of all class members, workable plan to notify potential class members, preferable procedure to individual claims. Class proceedings act gives the court unique powers to address varying damages claim. Life of a legal action: cause of action occurs. Documents identify and clarify dispute: pre-trial activity. Period within which legal action must be started. If def does not voluntarily pay the plaintiff the damages award the plaintiff must to enforce it.

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