ENVS201 Lecture Notes - Lecture 3: Precedent, Appellate Jurisdiction
20 Mar 2016
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Trial of an action: pleading (factual allegations, legal basis and relief sought, discovery, trial, decision, appeal. Most cases don"t go to trial, they end in settlement: the judge might give the guy ,000 so maybe i should offer him ,500 and see if he takes it. Court does not just say you win and that guy loses, they give written evidence: that reason could be use reasons for other cases or turned into common laws. Judges take the application of the rule and see if it"s just, if it isn"t, then they may make requests to change the law. Judges are bound to comply with the law just like everyone else, but they can question its application: ex. Big dog andy barks so his owner got sued. Little dog chloe yaps and her owner got sued too. If the case is about noises, then no. If the case is about the neighbour"s fear of dog, then yes.
