PHL 612 Lecture Notes - Lecture 7: Canada Act 1982, Constitution Act, 1982, Fundamental Justice

• School: Ryerson University
• Department: Philosophy
• Course: PHL 612
• Professor: Frank Miller

Document Summary

Phl 612 module 7 - making sense of legal decisions. How to read a legal opinion. (opens pdf document)(opens pdf document) the green bag, 2nd series, vol. The disposition of a case is the action the court took. It is often announced at the very end of the opinion. courts may justify their decisions on public policy grounds. That is, they may pick the rule that they think is the best rule, and they may explain in the opinion why they think that rule is best. This is particularly likely in common law cases where judges are not bound by a statute or constitutional rule. Other courts will rely on morality, fairness, or notions of justice to justify their decisions. Many courts will mix and match, relying on several or even all of these justifications. Some opinions resolve the parties" legal dispute by announcing and applying a clear rule of law that is new to that particular case.