LAW401 Study Guide - Provincial And Territorial Courts In Canada, Estoppel, Criminal Procedure
Document Summary
Facts (as found by finder of fact) + law (as found by trial judge) verdict or judgment. Reverse (appeal granted: trial courts where facts are created, appellate courts are where law is created. The dissent, a lot of times, will explain what happened in the case. A lot of dissents eventually become the majority. Usually dissent much clearer and better written decision. Law: appeal case becomes the law on the question raised in that appeal, the law may be made by the judges or made by the legislature (provincial or federal or other) Rule 1, 2, or new 3: no one can tell you the law, they can predict with reasonable certainty, but it can always change. Statutes, judge-made cases, cases interpreting statutes and previous cases: english system of judge-made law, over time those judgments became the common law of the people, common came from the people, not written by anybody.
