BUS 393 Chapter Notes - Chapter 1: Royal Assent, Provincial Superior, Counterclaim
5 Nov 2016
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Law = consists of rules w/ penalties likely to be enforced by courts/other gov agencies. Legal rules may express some moral content, but obeying law does not mean acting morally. Procedural law = how legal institutions work. Private/civil law = composed of rules that enable indiv to sue person who has injured him/her. In criminal cases, prosecution = crown (r) & person defending = accused. Other canadian provinces & territories use common law. Appellant = the one appealing the decision. Instead of following written code, judge looks to prior case law. Duty of judge is to primarily apply the code. Can be either plaintiff/defendant, depending on who lost at trial. Look at prior cases (normally brought to attention by lawyers) & choose particular case that most closely resembles one at hand: decision made by higher court, decision made in same jurisdiction, based on similar facts. Common law must follow precedent case if:
