COMM 393 Study Guide - Dow Corning, Parking Lot, Cheque

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9 Apr 2014
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3)administrative tribunals(worker/labor/lrb/humanrightscommission) (cid:198)given authority by govt to make law, very powerful. Burden of proof: beyond reasonable doubt ii)private: law that govern relationship b/w persons (cid:197)focus eg)contract/tort/agency/partnership/company/employment/land/family/willsstate law liable/in breach of . Compensate: money|commence legal action/has burden of proof: pl. Burden of proof: on a balance of prob(51% rule) 1)solicitor/client cost: pymt for a lawyer"s time+expense in preparing a case+representing a client(-500 hrly)+contingency fee(if win the case. 2)party&party cost: an award of $ judge grants to winner to partially compensate for his/her solicitor/client cost(paid by loser). Based on published tariff(supreme court rules), most winner can get:40-50%. If lose has to pay 60% of winner"s cost (eg. up to scale3: sources/systems of law. Common law vs. civil law (can. has 3 systems: cl: theory of precedent (stare decisis) court look to past cases w/similar/ identical facts from higher/equal court to decide new case(if no prior, make new). Starting from recent yr(shift towards overriding precedent, necessary in a fast-changing society) and highest-lowest court(supremecourt ofcan,bc courtofappeal,bcsupremecourt,bcprov. court.

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