LAW 204 Lecture Notes - Lecture 1: Precedent, Ratio Decidendi, False Imprisonment

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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 judgeet or deisio 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 referee to the ritte eplaatio ad justifiatio 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’ deisios are of etral iportae to the otet of the la
The legal system is committed to the related doctrines of stare decisis and precedent
o Creates stability and fairness
“tare deisis is Lati for to stad  thigs deided
o Points of litigation are determined according to precedent
o Like cases will be treated alike
Ratio deidedi is the reaso or ratioale for a deisio
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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