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Western University
Philosophy 2080
James Hildebrand

TermsDefinitionsTerms Definitions Common Law Judgemade law Case precedent Ratio Decedendi Binding partreason for decisionForm body of common law Obiter Dicta Everything else in the decision Trial Court Ontario Superior Court of Justice First place where court makes decisions Judge or jury hears evidencedecides facts Appeals Ontario Court of Appeal When party of suit does not agree with decision Find mistake in lawonly way to support appeal do not hear evidence Many judges35 judges can sit on every case Supreme Court of Bind trial courtsappeal courts of every province Canada Final decision 9 judgesall must sit on a case Majority Decision of court that decides outcome of case Concurring Judges who agree for different reasons Dissent Judges who disagree with majority decision Public Law State has interest in body of lawState has onus of proof Need to prove beyond a reasonable doubt Private Law Resolves disputes between individuals Person injured brings forth the actionplaintiff has onus of proof Need to prove on balance of probabilities 51 likely Concurrent liability Person can be charged criminallystill be sued civilly Tort Law Actionable wrongs something you can sue for Features Doersufferer are connected No individual goals for deterrence or compensation Plaintiff has right against defendant correlated to defendants duty to plaintiff Duty violated is right owed to plaintiff Matters to individual plaintiff specificallynot for the public Plaintiff entitled to remedy that defendant is required to give Adjudicative functionnot utilitarian but to resolve disputes Cause of action Person injured has this Style of cause Title of case Intentional Torts Trespass LibelslanderUnlawful confinement Assault threat of violence Battery application of force Conversion taking of property without permission Actionable per se Actionable Per SeActionablesomething you can sue for Per seplaintiff does not need to show actual harm Unintentional Torts Requires fault to impose liability Based on what the defendant should have knownlacked intention to be careful Negligence Person was careless in their actions and by being careless caused injuryharm to others Elements Duty of careStandard of care Breach of standard of care Causation
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