LS101 Lecture Notes - Lecture 4: Canadian Judicial Council, Trial Division, Social Science
18 Oct 2016
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Document Summary
Law is deemed necessary when informal/traditional, religious or moral ways of solving disputes becomes impossible - typically due to a growing society or a modernizing revolution. Informal methods of law enforcement (open disapproval and shaming) work in small face-to- face personal communities. Developmental models - progressive development of society. Dispute - a con ict of claims or rights, with opposition from another party. Adjudication - the judge decides wether the defendant is guilty or innocent in a civil or criminal case. Courts are passive, they must wait for the issue to be brought to them. Any citizen is able to use the courts. Judges are meant to interpret the law and make unbiased decisions (no personal opinions or political views) Exp. marriage con ict, two business men debate a contract. Often the govnt is not involved and disputes can be settled without court intervention. Govnt seeks to enforce norms or punish those who do not conform to these norms.
