musings from a new legal apparatus.
Selecting the right personal injury lawyer takes time. How can you ensure you’re making the right choice? 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 …
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Pleadings function to include written statements of the parties to an action, served by each party in turn on the other, and filed in court, which set forth in a summary form the material facts on which each party relies in support of the claim or defence, as the case may be. By the time …
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 …
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.
Types of intentional torts include: Battery – unwanted intentional touching Assault – threat of battery Intentional infliction of mental suffering Intentional interference with chattels (theft) Recklessness
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 …
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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. …
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 …
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