musings from a new legal apparatus.
How should someone go about selecting the right lawyer? Often the best way to pick a lawyer is by speaking with family and friends about their experience with a particular lawyer. If you are trying to choose a lawyer where you don’t have a friend or family member’s referral to the lawyer, the most important …
Continue reading “How should someone go about selecting the right lawyer?”
Types of intentional torts include: Battery – unwanted intentional touching Assault – threat of battery Intentional infliction of mental suffering Intentional interference with chattels (theft) Recklessness
Here are some introductory points on the tort of negligence. The Elements of a Negligence Action – Remember, the plaintiff usually has the burden of proving the first five, while the defendant has the burden of proving the sixth. 1. Duty of Care (limiting step) – there are policy considerations that can lead to the …
Administrative actor: subject to the principles of admin law. Includes persons or bodies that exercise statutory or prerogative power. Boards, tribunals, etc are usually given authority pursuant to statute. Judicial review: administrative actors are subject to judicial review. It is part of public law where superior courts under s96 engage in surveillance of lower tribunals …
Continue reading “Definitions of Administrative Law (Canada)”
A type of custom that cannot be avoided. E.g. a persistent objector cannot opt out of a jus cogens norm. Jus cogens is in contravention on a strict positivist approach because it does not seem to based on state consent because states are bound by these norms even if they do not consent to them. …
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.
Remember, 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.
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 …
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 …
Continue reading “Federal Courts Act and Rule of Law (CANADA)”
Historically, there are two main approaches to international law: – Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law …
Continue reading “Two main approaches to international law: positivism and naturalism”