CRM 2300 Midterm: Midterm 1
23 Nov 2014
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Document Summary
Civil law/code (private/quebec) = looks at rules instead of problems (a priori). Common law (public) = makes rules when problem arises. Doctrine of precedence: judges should decide disputes by looking back at decisions and using them to establish them to future situation (use past to create future) = certainty. Doctrine of stare decisis: lower courts are bound by the decisions of higher courts. Liberalism: liberal assumptions embedded in the criminal justice system. 1892 criminal code of canada defines crimes, procedures, punishments and appeals. Before 1955 sources of law 1) statues of parliament (but is interpreted by judges, according the principles of the common law 2) judge made law (courts were developing them) 1955 no more new crimes, exception = contempt of court, but can create new defenses. When we look at cases: rule of law = what concepts to they apply, what definitions, facts of each case = development of laws.
