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Lecture 3

CCT206H5 Lecture Notes - Lecture 3: Certiorari, Copyright Law Of Canada, Worshipful Company Of Stationers And Newspaper Makers

Communication, Culture and Technology
Course Code
Anthony Wensley

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CCT206 LEC 3
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Procedure Law- public
What procedures are followed in a case, by whom?
Individual or quasi-individual (plaintiff) Approaches a court and requests that the court hear a
complaint against another individual (defendant)
Lawyers for both sides engage in discovery (of evidence).
Lawyers for both sides present arguments before the court (a judge or a judge and jury)
There are things to prove an act of declaration.
Plaintiff- doest hae to do: sho the eidece is false
Civil case is different than criminal case
Different requirement in criminal case
Criminal law-look at more facts
-facts of the case, what are the facts, legal issues addressed e.g. declaration case
The court comes to a decision
The judge writes a judgement which generally has the following components:
-The facts of the case (the fact pattern)
-The legal issues address in the case
-The judgement (decision)
-A rationale explaining the judgement that has been made- this typically references other cases
and additional analysis.
The losing party (generally) may accept the judgement.
If the losing party does not accept the judgement that can appeal the relevant appeals court.
In rare occasions the winning party in the case of criminal cases the state may appeal- for
example it may consider that the judge has imposed to small a punishment.
Jury case-surrounds the evidence, claim evidence could be used a particular case has been
Hearing an appeal
Whe appeals are filed the appellats layers idetify istakes that they cosidered ere
made in the original trial.
The appeals court (depending on the jurisdiction sometimes one judge, sometimes three and
sometimes all judges of a particular appellate court
Certiorari writ- a request to the Supreme Court when the losing party in an appeal may submit
Intellectual Property
-Trade secrets
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