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Lecture 1

Management and Organizational Studies 2275A/B Lecture Notes - Lecture 1: Obiter Dictum, Precedent, Contributory Negligence


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
James Hildebrand
Lecture
1

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5:45-6:45 Monday Nights is office hours
Stevenson 4126
Next Week: Chapter 1
Statue Law: Law passed by legislature. Moves much faster than common law -can
react immediately to social situations
Common Law: A law according to court -its how they interpret a law -once they
interpret it becomes binding
England was originally very divided
-
The King said to come to him if people wanted the dispute solved by the
king (he lived in the court hence the name)
Since Saxon Law was applied to everyone it became common law
What is binding in the decision: they are obligated to decide in the
same way --> reason for the decision is binding --> ratio decedendi
§
Everything that is not binding is called obiter dicta --> "by the way,
things said"
§
Way of categorizing what's binding and what isn't
§
The collection of decisions that the judges have made and recorded
becomes binding law so decisions made in future are consistency
Stare Decisis --> "the decision stands" this is the system of common law
When Normandy conquered England they relied on Saxon Law to govern the
region
-
1066 --> was the Norman conquest of England
Federally appointed judge
Under $25,000
Small claims court
At the bottom of the hierarchy
Judge and/or Jury is the trial of fact
Decisions at trial court are not binding -the decisions that are binding are
only at a higher court
Superior Court of Justice
-
If you don’t like the decision you get then you can appeal
The trial court is the court of original jurisdiction
-
Middle of the hierarchy
Can only go here on an alleged mistake of law -there is no evidence,
witnesses or testimony
Only looks at the written account of the trial
Most of the time will not go against the trial of fact (the judge or jury)
These decisions are binding to every court in Ontario
Ontario Court of Appeals
-
Top of the hierarchy
These decisions are binding in court for every province in Canada
Supreme Court of Canada
-
Hierarchy of Court Structures:
Compels judges that once the other side raises contributory negligence
the judge has to take it into consideration and proportions it
Contributory Negligence: Your decision to be negligent contributed to over
injury of the person
-
Negligence Act:If multiple people cause injury the plaintiff sues the group and the
groups decides how the money is divided
Lecture 1
Monday, January 4, 2016
7:05 PM
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