Case law
What is case law?
- The law is not always crystal clear; it has nuances that can be open to interpretation.
- That’s where judges step in, molding what we call “case law” – a sort of legal compass for future dilemmas.
- It is the collection of legal principles and rules established by judges in written decisions.
- When a judge decides a case, especially in higher courts, their reasoning and interpretation of laws become part of the legal system.
What is a precedent?
Judge’s written decisions are used as precedents. Precedent is an earlier decision of a court or a higher court that provides guidance for how similar issues should be decided in future.
Why is case law important in family law?
- Clarifies legal principles: case law provides interpretations of legislation
- Guides judicial decisions: judges rely on precedents to ensure consistency and fairness across family law cases
- Fills legislative gaps: When the legislation is vague or silent on an issue, case law can provide practical rules or standards
What kind of strategy should one follow to prove their position through case law?
It’s not just about finding cases that go along with your story; it’s about being strategic. Presenting a case that mirrors yours is a win, but don’t shy away from the odd one that doesn’t sing in your favour. Addressing why it’s a different tune is the key move.
Choosing the right case is an art, a bit like picking the ripest fruit at the market. Look for those with a similar backstory, outcomes aligning with your wishes, the court’s status, and the date. It’s like assembling a puzzle where every piece matters. Cases with matching details and favorable outcomes become the backbone of your argument. Courts at the top tier hold more sway, like the headliners of the legal stage. And yes, the date matters, but it’s not the star of the show; the other factors take the spotlight.
Just a friendly tip: don’t get too cozy with old cases. Laws, much like trends, evolve over time. Anything older than a couple of decades might be a legal relic. If you stumble upon two similar cases, do a quick check on the date and ensure they haven’t been overruled on appeal.
What are the 4 factors you should consider to choose the right case?
“Choosing the right case … There are 4 key factors to look for in choosing the right case:
- Look for similar facts
- Best outcome
- Level of Court (listed best to worse
- Supreme Court of Canada
- Courts from your province or territory, in order: appeal, superior trial court, provincial / territorial court.
- Courts from other provinces (in order of appeal, superior and provincial / territorial courts).
- Date – Select cases where the decision is most recent, or cases which are referred to more in subsequent decisions.
What is “noting up”?
“Noting up” refers to the process of checking whether a legal case has been overturned on appeal. When a decision is “noted up,” it means reviewing subsequent decisions or rulings to determine if a higher court has deemed the original decision no longer valid or “good law.” This process helps legal researchers ensure that they are relying on current and authoritative legal precedents when analyzing cases with similar facts and outcomes. It is done using legal research tools such as CanLII, Westlaw, or LexisNexis.
What is the name of the free online case law database?
CanLII is a free online database which provides case law.