Unseen Doesn’t Mean Un-hurt

Soft tissue damage is usually unseen. That means to people around you your injuries seem like phantom boo-boos, but in reality you’re in real pain. Family, friends, and other loved ones need to show empathy to those with soft tissue damage as these injuries do not come with broken bones or prolonged bruising.

You may slowly find yourself doing less and less around the house because your injuries are getting worse and worse. To those around you it may seem as if you’re physically fine on the outside and are just getting lazy! Remember, just because it can’ tbe seen doesn’t mean you aren’t hurt!

Secured Financing Intro

The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it back. Many developing countries adopt systems patterned on the Canadian system.

In Canadian law, the core of the system is the security interest. What is a security interest? A secured interest is Propriety interest in the debtors property. This allows assertion of the nemo dat principle. The secured creditor defeats anyone who thereafter who takes an interest in the property.

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Introduction to the Tort of Negligence

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 finding and non finding of a duty of care; this duty of care exists when it is reasonably foreseeable that your actions will have an effect on another person.

2. Standard of Care and its Breach – in most (but not all) negligence actions, the standard of care is the reasonable person standard .

3. Causation – has the breach of the duty of care caused an injury to the plaintiff? But for the breach of the duty of care, would the injury have occurred?

4. Remoteness of Damages (limiting step) – also called legal causation; if the damages are found to be too remote from the breach of the standard of care, then the plaintiff will not win the case.

5. Actual Loss – without loss, the plaintiff will not be successful (as opposed to intentional torts)

6. Defences – voluntary assumption of risk, illegality

Definitions of Administrative Law (Canada)

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 to ensure they are acting legally. S96 courts derive their power from s96 of constitution, hence the name. The role of s96 courts in judicial review is part of their inherent authority. Federal courts operate differently they operate as equivalent as s96 court however they have statutory power, not inherent power. When they invented federal courts they took some powers that should belong to s96 courts and gave them to federal courts.

Sample cases where judicial review does or does not apply.

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The Symptoms of Whiplash and Possible Side Effects

Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.

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Jus cogens

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. The existence of jus cogens still remains somewhat controversial, however they have achieved quite an wide scope of acceptance. The notion of jus cogens is that these norms are owed by states to all of the international law community.

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The Most Popular Law Searches 2020-2021?

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

What are Treaties? (Canada)

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.