CRM 2300 Lecture : 1st lecture.doc

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January 13, 2012: common law vs. civil law - liberal principles of justice, precedence / stare decisis liberal principles of justice, historical background, constitutional issues, charter issues. Our job is to look at the criminal justice. And why the system works the way it does. Principle of stare decisis is different then legal precedents. Ex; when the charter was in acted, we had constitutional protections from freedom of protection. The argument was that this was unfair restriction. You had different decisions from different courts, whether it was a constitutional rights against freedom of speech. Once it comes to decision, all of the ontario courts have to follow that rule. As time goes by some of these go up to the scc. What the scc of canada decides, is what all the other courts need to apply. January 13th, 2012: civil law: developed on continental europe, based on a code.

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