Textbook Notes (368,122)
Canada (161,660)
ENV 319 (9)

Ch 4: Courts, Tribunals, and Dispute Settlement

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ENV 319
David Boyd

ENV 319 Book Notes An Introduction to Environmental Law and Policy in Canada By: P. Muldoon, A. Lucas, R. Gibson, and P. Pickfield Chapter 4: Courts, Tribunals, and Dispute Settlement Civil Law and Common Law Jurisdictions (p. 33) - Canadian legal system is largely based on common law, except Quebec, where the civil law also applies - Common Law – body of laws or general principles that are declared or applied by the courts o Emerged from customary arrangements, evolved over years of court decisions o Stand as basic tenets of our legal regime, guiding behavior among citizens and neighbors - Stare decisis – decision sets a precedent about similar cases in the future o A higher court can overrule a lower court and create a new precedent - Civil Law Jurisdictions o Most of Europe, Quebec, and Louisiana o Derived from civil code that courts interpret and apply on a case-by-case basis o Does not rely on precedents Civil Law and Criminal Law Systems (p. 35) - Civil law systems – deals with disputes between individuals - Criminal law systems – deals with the laws designed to protect the interests of society in general o Can prosecute o Violation of the law is not only a wrong against the victim of the crime, but a wrong against society in general - Standard of proof needed o Criminal law suit – guilty beyond a reasonable doubt o Civil law suit – balance of probabilities Courts and Tribunals How Courts Work (p. 37) - Primary functions – to apply and enforce the law, to provide a check on the use of government power, and to adjudicate on matters of rights and liabilities - Courts are adversarial by nature - Underlying theory: the truth will emerge from the conflict of o
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