Case Law by BreAnna Lynch

blynch1998 — 2016-01-21 19:03:05 UTC

1. Who creates Case Law?

t's the rules of law made by courtswhen interpreting other laws and court decisions when deciding a particular case.

2. When is Case Law made?

Case law is made when courts form opinions and make a rule based off of previous cases.

3. How is stare decisis involved in Case Law?

Stare deceases is a files of previous cases in the US. They use these cases to help them when creating new case laws.

blynch1998 — 2016-01-21 19:03:32 UTC

Case Law-the law as established by the outcome of former cases.

Appeal -apply to a higher court for a reversal of the decision of a lower court.

Ruling -authoritative decision or pronouncement, especially one made by a judge.

Appellate Court -

appellate court

appeals court

court

Stare Decisis -

the legal principle of determining points in litigation according to precedent.

Lund vs. Boissoin

carlyramsey25 — 2016-01-25 18:41:33 UTC

Stephen Boissoin wrote a letter to the editor of the Red Deer Advocate with derogatory references to individuals who are gay ("the homosexual machine," etc). The Red Deer Advocate published the letter entitled "Homosexual Agenda Wicked." Dr. Darren Lund saw the article in the newspaper and filed a human rights complaint, stating that the letter contravened section 3 of the Human Rights, Citizenship and Multiculturalism Act.

The complaint was ultimately heard by a human rights tribunal that held there was discrimination pursuant to the Act. A lower court overturned the tribunal's ruling and quashed the finding of discrimination. Dr. Lund appealed the lower court's decision to the Alberta Court of Appeal. The Alberta Court of Appeal dismissed the appeal, holding:

A contravention of section 3 does not require a demonstrated link to other discrimination under the Act: The letter must be read in context, and in context the wording of the letter does not meet the extreme standard of hatred set out in the decision of the Supreme Court.

blynch1998 — 2016-01-25 18:41:57 UTC

blynch1998 — 2016-01-25 18:45:09 UTC

Fun Facts

blynch1998 — 2016-01-25 18:46:40 UTC

As a general rule, case law is just as powerful and binding. You or your attorney can use and rely on a court's decision when you have a similar case or legal problem. This is called legal precedent.

For example, in the same-sex example, another couple in State A may use the court's decision to persuade another court in that state that the law is invalid.