LAW 204 Chapter Notes - Chapter 4: Headnote, Precedent, False Imprisonment
23 May 2018
School
Department
Course
Professor
Chapter 4: Cases
Introduction
• Judicial decisions (informally known as case laws) are one of the four main primary
sources of Canadian Law
• As with statutes, bylaws, and regulations, legal professionals have to know how to read
and understand a case
• It is helpful to understand how cases are published, and how to cite a case
What is a Case?
• A case is the record of a live legal proceeding, reduced in writing to the most important
matters by the individuals before whom the proceeding occurs
o A legal proceeding may be a trial, an appeal, a motion, or a hearing
• Caada’s out sste is ade up of outs ad adiistatie tiuals
• Both judges (presiding over courts) and adjudicators (chairing tribunals) have the
authority to hear disputes and make decisions that affect the legal rights or obligations
of the parties appearing before them
• The format of a case reflects what takes place during the proceeding
• The two main parts of a proceeding are the evidence and the legal argument
• The parties present both of these to the judges or adjudicator; each side tells its version
of the story and points out the law that tends to support its side of the dispute
o In a civil trial, the parties are called the plaintiff and the defendant
o In a criminal trial, the parties are called the Crown and the accused
o In a motion or hearing, they may be called the applicant and the respondent
o In an appeal, they are called the appellant and the respondent
• In a proceeding, the first thing the judge or adjudicator must do is listen to both sides’
stories
• In a trial or hearing, these stories are brought forward by witnesses, who give evidence
on behalf of one party and are cross-examined by the other party (or parties)
• In motions and in some hearings, the evidence may be brought forward in writing – for
eaple, a of a idiidual’s so stateet plus a eod of the othe side’s
cross-examination pf that individual
• Once all evidence has been presented, each party orally summarizes its view concerning
the laws that apply to the fact situation
• Then the judge or adjudicator has to decide, between the conflicting stories of the
parties, what he or she reasonably believes actually happened
o In other words, the judge or adjudicator needs to establish the facts and then to
choose the law that he or she believes is applicable to those facts
• I a appeal, hih is a appellat’s euest to a highe out to oetu the deisio
of a lower court or tribunal, there are generally no witnesses to give evidence because
the facts have already been determined by the trial judge or adjudicator
• Istead, the appellat ad espodet hae eah pepaed a fatu settig out a
summary of the prior proceedings and the facts on which each is relying in the appeal
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Judicial decisions (informally known as case laws) are one of the four main primary sources of canadian law: as with statutes, bylaws, and regulations, legal professionals have to know how to read and understand a case. It is helpful to understand how cases are published, and how to cite a case. In a civil trial, the parties are called the plaintiff and the defendant. In a criminal trial, the parties are called the crown and the accused. In a motion or hearing, they may be called the applicant and the respondent. In an appeal, they are called the appellant and the respondent. In a proceeding, the first thing the judge or adjudicator must do is listen to both sides" stories. In a trial or hearing, these stories are brought forward by witnesses, who give evidence on behalf of one party and are cross-examined by the other party (or parties)
