The role of law of precedent in the judicial processes of canada

One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent stare decisis was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for any type of case that has ever occurred in Canada, and even many cases from Britain prior to and the abolishment of the JCPC.

The role of law of precedent in the judicial processes of canada

Various military courts called courts martial: General Court Martial Standing Court Martial Summary Trial hearings The courts martial are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the Code of Service Disciplinewhich is found in the National Defence ActRSCc N-5 and constitutes a complete code of military law applicable to persons under military jurisdiction.

The role of law of precedent in the judicial processes of canada

The decisions of the courts martial can be appealed to the Court Martial Appeal Court of Canada which, in contrast, exists outside the military and is made up of civilian judges. This appellate court is the successor of the Court Martial Appeal Board which was created inpresided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court.

Summary trials are ad hoc hearings used to dispense with minor service offenses. Federal and provincial administrative tribunals[ edit ] Known in Canada as simply "tribunals", these are quasi-judicial adjudicative bodies, which means that they adjudicate hear evidence and render decisions like courts, but are not necessarily presided over by judges.

Instead, the adjudicators may be experts of the very specific legal field handled by the tribunal e. The reviewing court may be required to show some deference to the tribunal if the tribunal possesses some highly specialized expertise or knowledge that the court does not have. The degree of deference will also depend on such factors as the specific wording of the legislation creating the tribunal.

Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for any type of case that has ever occurred in Canada, and even many cases from Britain (prior to and the abolishment of the JCPC). Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the in Canada, and even many cases from Britain (prior to and the abolishment of the JCPC). Unfortunately, the law of precedent does have its downfalls. Join Essayworld today to view this entire essay. In a court of law, a precedent is important because it gives the judges a base guideline to work from when deciding the outcome of a case. Many of the precedents laid down for the courts to follow have been around for over years.

Tribunals whose enabling legislation contains a privative clause are entitled to a high degree of deference, although a recent decision of the Supreme Court of Canada Dunsmuir v New BrunswickSCC 9 has arguably lowered that degree of deference.

The extent to which tribunals may use the Charter in their decisions is a source of ongoing legal debate.

While relevant evidence is admissible, evidence which the adjudicator determines to have questionable reliability, or is otherwise questionable, is most likely to be afforded little or no weight. As is the case in court, lawyers routinely appear in tribunals advocating matters for their clients.

A person does not require a lawyer to appear before an administrative tribunal. Indeed, many of these tribunals are specifically designed to be more representative to unrepresented litigants than courts. Furthermore, some of these tribunals are part of a comprehensive dispute-resolution system, which may emphasize mediation rather than litigation.

For example, provincial human rights commissions routinely use mediation to resolve many human rights complaints without the need for a hearing. What tribunals all have in common is that they are created by statute, their adjudicators are usually appointed by government, and they focus on very particular and specialized areas of law.

Because some subject matters e. There are both federal and provincial tribunals for some subject matters such as unionized labour and human rights. In other words, a tribunal adjudicator could legally make a decision that differs from a past decision, on the same subject and issues, delivered by the highest court in the land.

Because a tribunal is not bound by legal precedent, established by itself or by a reviewing court, a tribunal is not a court even though it performs an important adjudicative function and contributes to the development of law like a court would do.for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository.

For more information, please [email protected] Recommended Citation John Hanna,The Role of Precedent in Judicial Decision, 2 Vill.

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The Common Law and Civil Law Traditions

Rev. (). A common law system is the system of jurisprudence that is based on the doctrine of judicial precedent, the principle under which the lower courts must follow the decisions of . This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law.

The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada.

Precedents in law play a fundamental role in the judicial processes of Canada.

The Importance of Precedent

From stealing a loaf of bread ranging to murder in the in Canada, and even many cases from Britain (prior to and the abolishment of the JCPC).

Unfortunately, the law of precedent does have its downfalls. Join Essayworld today to view this entire essay. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases.

These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada.

Essay Sample - Stare Decisis and the Law of Precedent - OzEssay