musings from a new legal apparatus.
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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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 …
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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 …
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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 …
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 international law, opinio juris requires evidence which usually comes from resolutions. For example, general assembly resolutions. However, just because there is a general assembly resolution, does not mean that the resolution is law itself. There has to be state practice connected to the resolution. In international law general assembly resolutions must be approached with …