class notes - sept 18 - costs and case briefs

Class notes sept - determines relevancy Conclusion of the case answer to the issues Constitution Act of 1982(previously British North America Act

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Class notes – Sept 18 2006 Commercial Law Costs Solicitor/Client costs Lawyer – hourly average $300 Contingency Fixed fee An amount of $ the judge may order that the loser of the trial pay the winner to partially compensate the winner for his/her DISCRETIONARY. Based on a tariff published in C Supreme Court Rules IF the winner gets cost it will be about 40% of the actual costs Plaintiff sues you for the damages of $100,000. You lose. Pay for your lawyer, the plaintiff’s lawyer and then damages and losses. Case briefs Study tool, synopsis of the case, essential to understanding the case 5 key elements in every case! Facts (legally relevant facts) (facts used to decide the case) Issue 1 Issue 2 Issue 3 Issues are the legal questions the judge must answer (issues must be agreed upon). Law can be statute, case, or academic material. Plagiarize please. Application of the law to the established facts where judge looks at both arguments and
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Unformatted text preview: determines relevancy. Conclusion of the case, answer to the issues. Constitution Act of 1982 (previously British North America Act 1867) Entrenchment of the Charter of Rights and Freedoms Charter only applies to the government (action and decision making) Charter prevents government from making laws that are unconstitutional. S.15 Equality Rights S.1 None of the rights of the Charter are absolute. All subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. All law is presumed valid until challenged in Court. If challenged and found to be unconstitutional “Ultra vires” Beyond the powers Null and void, courts will not rewrite the legislation S.33 Notwithstanding Sunset clause, allows the government to create unconstitutional law but which automatically expires in 5 years and needs to be revalidated....
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at The University of British Columbia.

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Class notes sept - determines relevancy Conclusion of the case answer to the issues Constitution Act of 1982(previously British North America Act

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