Philosophy 2080 Chapter Notes -Private Law, Justice First, Reasonable Person
8 Nov 2013
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Judge or jury hears evidence & decides facts. When party of suit does not agree with decision. Find mistake in law only way to support appeal (do not hear evidence) Many judges 3-5 judges can sit on every case. Bind trial courts & appeal courts of every province. 9 judges all must sit on a case. Decision of court that decides outcome of case. Person injured brings forth the action plaintiff has onus of proof. Need to prove on balance of probabilities (51% likely) Person can be charged criminally & still be sued civilly. No individual goals for deterrence or compensation. Plaintiff has right against defendant, correlated to defendants duty to plaintiff. Duty violated is right owed to plaintiff. Matters to individual plaintiff specifically not for the public. Plaintiff entitled to remedy that defendant is required to give. Adjudicative function not utilitarian but to resolve disputes. Per se plaintiff does not need to show actual harm.
