CRIM 310 Lecture Notes - Lecture 6: Ratio Decidendi, Precedent, Benzodiazepine
12 Jun 2019
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Crim 310 - lecture 6 - briefing a case. Stare decisis - let the decision stand . Common law principle, gives judges central role in determining law. Later courts generally bound by prior decisions. Case to be briefed is charter case. Think about what is precedent that case relies on/if it sets new precedent. Person should understand key points of case w/o having to read entire thing. Should include legal basis of decision & any precedent created by case. When briefing case, are offering summary/overview of majority decision/unanimous court. Do not brief dissenting opinion - it is not law. Style of cause (name of case w/ full citation) Facts disposition can be in point form. Include reference to purpose (i. e. nature of proceedings) e. g. Include reference to purpose (i. e. nature of proceedings) e. g. action for damages for copyright infringement. Questions arising from facts, requiring resolution by the court. Ratio decidendi - reasons for deciding (diff from reasons for judgment)
