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Legal Literacy

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Submitted By ladyjacey
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Legal Literacy
Jancie Coote
October 17, 2014
Student id # 3140525

1. Does the rule of stare decisis apply to findings of fact by a court? Explain why or why not. Which section has the answer to this question?

Section XVI –Authority of Judicial Decisions: Rule of Stare Decisis 1-General XVI.1 – 1074

Stare decisis does not apply to findings of fact by court. While decisions rendered from higher or equally authority courts are binding to similar cases there are no two cases that are identical in their facts and findings. It is almost impossible to have two identical cases based on the same facts, therefore stare decisis cannot apply here.

2. What section number has an explanation of how decisions of United States courts are considered in Canada under the principles of stare decisis and precedent? Are they ignored? Explain why or why not.

Section XVI –Authority of Judicial Decisions: Rule of Stare Decisis 4-Effect of Decisions in the United States XVI.1 – 1095

When Canadian Statues are similar to United States Statues they can provide assistance in interpretation. Canadians do not ignore decisions made in the United States especially when there is nothing comparable in Canadian Legislation. Just because a decision is rendered in another country it cannot be ignored, further, it would be unwise if the were similar in nature.

3. If a court gives two different good reasons for its decision is one of them obiter dicta? Explain your answer. Give the number of the section that clarifies this.

Section XVI –Authority of Judicial Decisions: Rule of Stare Decisis 7- Dicta and their Effect
XVI.7 – 1114

It cannot be said that either one of the two reasons is obiter dicta. Obiter Dictum is an opinion expressed by a judge when giving judgment and cannot be held legally binding over a case

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