POL 101 Lecture Notes - Lecture 11: Judicial Activism, Private Law, Public Law
2 Dec 2018
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Document Summary
Evolution of court system from one of judicial discretion to judicial review, with the court undermining the supremacy of parliament: accessibility. The inability of non-experts to use or access the system. The inability of many people to afford the cost of expert help in accessing the system. = the total collection of society"s binding rules. Types of civil or private law: common law vs. civil code. Usually about property or civil rights, so within provincial jurisdiction. Remedy is usually payment of damages to wronged party. Decisions are based on the balance of probabilities . Major crimes for which we want a uniform approach, so rules are consolidated at the federal level within the criminal code. Decisions are based on proof beyond a reasonable doubt . Based on a hodge-podge of english legal precedents, some very old. Stare decisis (pronounced stair - ee - dee - cy - sis) principle that precedents are binding on successive decisions.
