week #8

Question 1

what is case law

Answer 1

Case law affects the way was the law is administered, legislation is made. Sets a precedence

Question 2

what is stare decisis

Answer 2

the decision stands in future cases of similarity

Question 3

explain scc vs. apeal colurt

Answer 3

Supreme Court of Canada – binds to the whole of Canada

 Appeal Court – provincial

Question 4

what is persuasive precedent

Answer 4

when a case is not binding, but you still want to use the case as an
example. Also applies to dissent, because dissents are never binding. Persuasive cases can
be international, dissents, or from decisions of lower courts

Question 5

who reads cases in supreme court

Answer 5

Cases read in this class are compiled by the Supreme Court Reporter – they are well
organised and lots of additional information is provided.

Question 6

how does supreme court decide which cases they whant to here

Answer 6

The Supreme Court gets to choose which cases they hear. They choose cases that have
widespread effects on the whole of Canada

Question 7

what is r

Answer 7

regina (queen) or rex (king)

Question 8

what is at top of page

Answer 8

Will have SCR at the top of every
page – Supreme Court Report
Next to SCR on the top of every page is the year that the case was published
 A headnote is the synopsis or general overview of the case, including central facts, key
decisions, highlights and dissent or concurrences. A section that is compiled by the Supreme
Court Reporter, and should not be cited because it is not judicial authority
- References can include precedent cases, as well as any secondary sources, academic
opinions
 The judge who writes the judgement is usually the one who thinks they have the strongest
feelings about the case decision, but who writes it is not set by a rule. It is decided amongst
the judges in secrecy