ADMS 2610 Chapter Notes - Chapter 1: Precedent, Coast Province, Suspended Sentence
Course CodeADMS 2610
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Mini case 2:
A coastal province passed a law prohibiting boats and ships from dumping waste along its
shoreline. A ship’s captain was later charged with commission of such as offence. What defense
may exist to such a charge?
- The ship’s captain may have been part of the civil code system in which the written law
sets out private rights of the citizens of the state.
In the year 1555, Maxwell was drunk, lost control of his horse and killed a child. He was
executed for his crime. In the year 1955, Sharon was sober, lost control of her car and killed a
child. She was given a suspended sentence and ordered to pay $100 fine. In the year 2005,
Karl was drunk, lost control of his car and killed a child. He was given one year imprisonment,
$1000 fine and is subject to lifetime license suspension. In what way is the principle of stare
decisis at work here, if at all?
- The laws from 1555 vary from the laws of 2005. What was thought to be acceptable
punishment in 1555 may not be acceptable in 1955 or 2005. Since stare decisis means
“to let a decision stand”, crimes committed in 1555 were punished in a specific manner
that the judge let the decision stand, since then, laws may have been re-written and
redefined to match society today, as execution is not something you’d see in today’s
Mini case 2:
Anne is unsuccessful in her suit at trial and on appeal to the provincial appeal court. If she
wishes to proceed, where must she go, and what burden will she face before her case will be
hear again? What factors may prevent her case from being heard again?
- Since she was unsuccessful at her suit at trial and appeal on the provincial appeal court,
her next option would be appealing to the superior court. The burden she would face is
the higher court does not want to take her matter into their hands as they feel it’s too
small of a matter to be in a higher court. Some factors include, her case is too small, it
falls under $5000, the judges feel there was no erred in application of the law or
admission of evidence.
Mini case 1:
Norman seeks a license to operate a taxi in a major city, and applies in writing to the City Taxi
Commission. Two days later, he receives a letter in reply “Dear Norman: Upon careful review of
your application, your request for a license is denied. Sign: Chair of Taxi Commission.” Advise
Norman of his rights.
- Norman has the right to a decision with reasons which can be appealed to the courts
and overturned if unreasonable.
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