COMMERCE 4SD3 Lecture Notes - Lecture 2: Small Claims Court
13 Nov 2015
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Church: common law court now includes both the rules of the monarch and equity, civil law. System utilized in quebec: all laws set out in civil code. Need to look at court decisions to interpret code. The laws that eminent from quebec are more different than the other provinces. Also means disputes between individuals in our system: other terms, court adjudicates, a court does not charge people, crown prosecutes, they prosecute, accused (defendant, for civil cases in ontario: Need to be able to identify either by case name or subject matter (memorizing case name not necessary) Need to be able to answer five questions: 1. Negligence (normally one category/cause of action: 3. E. g. there"s a rule in hockey that the ref has to blow the whistle whenever he loses sight of the puck, but not literally (closing eyes, goalie holding pick)) You apply the burden of proof (when it"s one word versus another)
