LAW 204 Lecture Notes - Lecture 1: Precedent, Ratio Decidendi, False Imprisonment
Lecture 1: How to Brief a Case
Overview:
• What is a Case?
• Why are Cases Important?
• What is a Case Brief?
• How to Brief a Case?
• Succeeding in this Course
What is a Case?
• A ase is a reported judgeet or deisio of a ourt
• In our legal system, the trial of private or public law litigation ends in the written
judgement or decision of the court
• Case a e used i referee to the ritte eplaatio ad justifiatio of a ourt’s
decisions regarding both the legal and factual issues raised by trial or appellate litigation
Importance
• Canada has a common law legal system
• Judges’ deisios are of etral iportae to the otet of the la
• The legal system is committed to the related doctrines of stare decisis and precedent
o Creates stability and fairness
• “tare deisis is Lati for to stad thigs deided
o Points of litigation are determined according to precedent
o Like cases will be treated alike
• Ratio deidedi is the reaso or ratioale for a deisio
o Each case raises a legal issue or question
o A ratio us the generalized principle of law which answers that question
o Ratios are the precedential part of a case
• Some court decisions are binding
o Lower courts in the same jurisdiction must abide by them
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