Management and Organizational Studies 2276A/B Lecture Notes - Lecture 1: Obiter Dictum, Provincial And Territorial Courts In Canada, Meeting Of The Minds

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Desmond Mc Keon

Document Summary

* note all tc are grouped together here but there are many different trial courts. If the supreme court of canada chooses not to hear an appeal, the provincial decision becomes more persuasive but not binding. The first avenue of appeal for an order goes horizontally in the court system to another judge at the same level. How to deal with potential issues with precedent: bad decisions, appeal decision within 30 days, beyond 30 days can apply for leave to appeal . * we can only speculate why the court chooses to hear the cases that it does. The biggest problem in today"s court system is access to judges. Obiter dicta are things said by the way and are not binding but are persuasive. Ratio (ratio decedendi): the only part of the decision that is binding. It is the reason for the decision: what is obiter and what is ratio is a reasonable debate in court.