In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
Continue reading Tort Law Approaches in Economics
ex ante: the effect that decisions in this case will ahve on future behaviour (punish the tortfeasor).
ex post: ignores future behaviour, observes equitable distance between two parties (compensation of victims).
2 Functions of Tort Courts:
1) Determine Liability: who pays
2) Damages: how much they pay.
Continue reading Functions of Tort Law Cours
Here’s a fund overview. Over the past year the search terms containing the broad term ‘law’ in the United States have revealed a few interesting shifts.
– Given the pandemic year, COVID-19 made a lot of anti-maskers and anti-vaccine conspiracy theorist search the web for legal options. “Anti-mask” law was a exponentially higher search term (that really didn’t exist prior to 2020).
– The term ‘martial law’ saw a one day dramatic increase on, you guessed it, January 6th, 2021, or Insurrection Day.
– Lastly, with the legalization of cannabis across states, many are searching for updates regarding both State level and federal legalization.
-Source all from Google Trends
States can make treaties and international organizations can make treaties. For example, there is a treaty between the UN and Cambodia to establish the special criminal tribunal.
What are treaties? Treaties are instruments that establish international rights and obligations. Treaties go by many names: conventions; memorandums, etc. at the root at ii if it’s a binding instrument subject to international law then it’s a treaty.
Where does the legal weight of treaties come from? Pacta servanta – there ought to be an obligation amongst states to adhere to their treaty obligations.
The main critiques of Customary International Law are that the two requirements of state practice and opinion juris are too simplistic. There is not enough guidance from scholarship vis what is meant by these two requirements. Customary IL is in the ‘eye of the beholder’. There is no reason for the rule of custom or lack thereof. The science of customary law is lacking. Guidance from ICJ is vague. Opinion juris is also vague.
Continue reading Critique of Customary International Law
Here is a broad overview of various topics in labour and employment law. This would come out predominantly from a Canadian context.
If you work for somebody, then by definition you have an employment contract, i.e. the common law contract of employment. Generally, there is an explicit contract written out between employer and employee, other times the contract is just implied to exist at common law. The common law contract of employment is basic which is why employees prefer to negotiate a collective bargaining agreement. That being said, the courts have attempted to build a “floor of rights” into the common law contract of employment. A barrier they have encountered is that there is no room for the common law and statute to develop in tandem, i.e. if a right is covered as per statute then that right cannot exist at common law.
The common law contract of employment is poor because at common law there aren’t many developments that create substantive or procedural rights for employees, there is a huge imbalance of power between employers and employees which undermine the freedom to contract; civil litigation is a costly and time-consuming process.
The basis of the Nicaragua case: what happens when there is the same rule of law in customary law and treaty law.
1. COEXISTENCE The main conclusion from this case is that the two sources of law can continue to co-exist. Just because a norm also exists in treaty law, does not mean that the source from customary law is not extinguished. For example the law of use of force flows both from treaty law and customary IL.
2. TREATY –> CUSTOM Treaty activity can constitute state practice for the formation of a customary norm. One has to be very clear in analyzing state conduct whether states are only acting under their treaty obligations or whether adherence to treaty obligations has grown to include opinion juris and broader state practice. A good example of this is UNCLOS (UN convention on law of high seas). A lot of UNCLOS provisions have become customary IL. States that are not part of UNCLOS are bound by some of the provisions of the Convention. For a treaty to create custom you need non treaty parties acting as if they are bound by the treaty.
3. CUSTOM –> TREATY custom can be restated in a treaty format. When a treaty codifies customary IL, the treaty is restating customary IL.
4. CONTRACT –OUT A treaty can be used to contract out of customary IL. There are however certain obligations that no state can contract out of i.e. jus cogens norms.
When you’re involved in a car accident, or really any incident where you’ve been injured, it’s important to protect yourself.
You may find yourself faced off against another’s insurance company. You may also think that your insurance company is on your side. That’s partially not true. The insurance companies see you as profit–as a number. That means they may not always be looking out for your best interests 100% of the time. That’s why it’s prudent to hire an attorney who has the responsibility of thinking about you over the bottom line of the insurance companies. Continue reading Protect Yourself – Hire and an Injury Lawyer When Injured in an Accident
Most injury lawyers will work on an agreement that they’ll be paid out of the settlement you receive. That means they’ll work for free. Kind of. Sometimes payments, especially those that go on for a long period of time, will amount to 40-50% of your settlement. The total value is dependent on how complex and long your case is.
It can amount to a lot of cash tomorrow, but generally this is the only way one can afford representation.
Continue reading How Much Should You Pay for an Injury Attorney?
Federal Courts Act s 2(1):
“federal board, commission or other tribunal” means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prereogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96”.
There are exceptions to the above definition:
-if statute gives power to another Court
-if remedy is not provided by Federal Court act e..g habeus corpus application
There are two grounds for judicial review – Procedural and Substantive.
Continue reading Federal Courts Act and Rule of Law (CANADA)