Management and Organizational Studies 2276A/B Chapter Notes - Chapter 10: Legal Guardian, Canada Revenue Agency, Intentional Tort

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Frederick King

Document Summary

Courts of appeal for each province (provincial courts of appeal); only one per province. Trials is the court of first instance; case is heard for the first time: lawyers present evidence to persuade of their story; argue the law. Not matters of fact: if you loose at a court of appeal, you do not have the right to appeal. Seeking leave to appeal (ask for permission) to appeal to. Decisions of higher courts are binding and must be followed by lower courts. Decisions of one provincial court of appeal is only binding to lower courts within the same province: but the decision will be highly persuasive. Distinguish cases (facts); precedent is to dissimilar to new case: can appeal on these grounds to prions. Ratio descedendai: combination of facts in which a decision is made on. Supreme court decisions are binding on all courts except for the supreme court itself.