Law 2101 Lecture Notes - Social Inequality, Meritocracy, Oligarchy
Document Summary
Stare decisis (rule of precedent): principle of legal rules established in previous court cases if the case is the same or similar. Obiter dictum: opinion that is unnecessary for the decision of the case, it"s considered a by the way statement made by the judge that may be introduced by way of illustration. Dissent: decision of the judge who did not agree with the majority opinion. Style of cause: part of the title of a case referring to the parties involved in a legal action. Principles of fundamental justice: the freedoms and democratic rights guaranteed in the canadian. Ratio decidendi: reason for the decision, referring to that part of the judge"s decision that provides the legal reasoning for the judgement. Objective forseeability: ought to have known someone would get hurt (in an example of murder in an indictable offense) Subjective forseeability: the crown must prove that the accused knew that harm was going to come to the victim.
