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Case Law.docx

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Legal Studies
LS 101
Frances Chapman

LS 101 [Type text] TUESDAY OCTOBER 9, 2012 Case Law  Headnote: summary of the facts, the issues, and the decision regarding case. Sometimes unreliable/misleading. Written by case reporters, NOT judge.  Citation of case: formal way case is written down, ex. R.v.McCraw, [1991] 3 S.C.R. 72 (S.C.C.) Reading Case Law – Civil Law  Parties to a civil action are the “plaintiff” and “defendant” at the trial level  “appellant” and “respondent” on appeal  Order = applicant and respondent  Divorce = petitioner and respondent  Citations, legislation, Latin phrases are in italics Format of a Written Case Style of Case: Stergios v. Kim Parties: Shaun James Stergios, Applicant, and Eun Kim, Respondent Citation: [2010] O.J. No. 2455 2010 ONSC 2567 Court File #: Court File No. 2049583-04 Court: Ontario Superior Court of Justice Judge: C.F. Graham J. Trial: Heard: October 23, 2008; Janurary 12-15,20,22, and July 3, 2009 Decision: Judgement: July 28, 2010 Length of Decision: 355 paras. Keywords: Family Law – Spousal Support – Amount Award – Payor’s annual income – agreement Headnote: Motion by Kim, the respondent, for an order for spousal support. Kim was born and raised in South Korea. Stergios was born and raised in Canada. The parties married in 2000 and separated in 2004…etc Judgement: HELD: Motion allowed. As a result of her reliance on the promises made by Stergios, Kim suffered significant economic disadvantages..etc Authories: Statues, Regulations and Rules Citied: Divorce Act, R.S.C. 1985, c. etc Lawyers: Counsel: Andrea Di Basita, for the applicant etc. Decisions: Reasons for judgment Statue Law  3 levels of government in Canada: the federal, provincial, and municipal  Powers of law making delegated to other authorizes to fulfill goals of governing legislation  Legislation may allow governor-general or minister board to makes laws called regulations: a rule of conduct by a law making authority which has the force of law  Canadian house of commons and the legislative assembles of the provinces and territories draft legislation  Ultra vires: “beyond the power of the body” doing stuff beyond your authority, are they allo
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