Chapter 3

Question 1

-Stare decisis

meaning, abbreviation, depends on what?

Answer 1

• abbreviation of the Latin phrase stare decision et non quiete movere, which translates to: ‘stand by decisions and not to disturb settle matters’
• lower court will render judgements the same way as a higher court.
• depend on the jurisdiction of the higher court, the facts of the case and the applicable laws.

Question 2

Are the judges always bound by the principle of Stare Decisis?

Answer 2

No, they can use the principles of Distinguishing. It is the opposite of stare decisis.

Question 3

This is what a summary must be:

Answer 3

This is what a summary must be:
Must be short but complete.
It cannot repeat word for word the judgement
Be careful with the mini-summary at the beginning of the case because there may be a mistake.

Question 4

Nature of Recourse

Answer 4

The legal mean used to go to court.

Ex: action in damages, suing for $, appeal of…, injunction-to order or to prevent

Question 5

Description of parties

Answer 5

Names and Role
(Plaintif/Defendant (1st instance)
Appellant/ Respondent (Appeal)
Intervener (Neutral Party): Helps explain background info to judge.

Question 6

Facts

Answer 6

Basic and neutral facts
No claims so avoid words such as believes, claims, thinks, says, assumes
Use events leading to the disputes

Question 7

Previous judgement

Answer 7

Sometimes N/A

If the judgement is in court a 2nd or 3rd time, list the lower courts and the outcome

Question 8

Questions in dispute

Answer 8

Question asked by the judge

Number questions

Question 9

Decision

Answer 9

Answer to legal question

Each question must have a decision

Question 10

conclusion

Answer 10

Grants, orders to the defendant to…

Outcome of judgement

Question 11

Grounds

Answer 11

Explanation=because
Ratio decidondi=latin
Legal reason given by the judge
Justification

Question 12

Comments

Answer 12

Dissent: On a bench of 3 judges or more, when a judge disagrees with the majority. You explain on what he disagrees (N/A)

Obiter: Free devices given by the judge that doesn’t impact the present case but can be used for future reference. Rare (N/A)

Question 13

Traditional (manual) research must be done using the:

Answer 13

Annuaire de jurisprudence et de doctrine du Quebec.

Question 14

We still use books when:

Answer 14

The case is old and not in an online product (ex: Salomon v Salomon & Co Ltd from UK in 1896)
Not all cases are reported in an online product.
Not all law firms will subscribe to online products.
Sometimes the internet may be down and you need to find a case ASAP

Question 15

Annuaire:

Answer 15

There is 1 “annuaire” per year. Sometimes it may be divided in 2 volumes because 1 would be too big and hard to handle.
All the examples are from the “annuaire” 1992
The “Annuaire” was printed in 1993

Question 16

Different sections of the annuaire

Answer 16

Tables des abréviations

Plan de classification (alphabetical order;)

Question 17

Plan des sommaires

Answer 17

First you find a list of doctrine on general subjects related to the category (D);
Then you find the summaries of jurisprudence related to the category;
If you see a star after the name of parties (ex: Albert v Johnson*), it means the case has ben appealed

Question 18

index analytique

Answer 18

(alphabetical order) Refers to the doctrine and judgements found in the section “plan des sommaires”:
Table de noms des parties

Question 19

Table de législatures citée

Answer 19

In alphabetical order of the acts;

Question 20

Table de jurisprudence citée

Answer 20

in alphabetical order of the names of parties;

Question 21

Résultats des appels

Answer 21

Reference in a case)

Question 22

There search

Answer 22

Use when we want to find a judgement using keywords

What are the steps?
You take your “annuaire”from the older to the newest
Go under the section “Index analytique”
Look for your keywords
Next to your keywords, find the bold number;
Tale your bold number and find it in the “Plan des sommaires”
If needed, repeat it for each subsequent year

Find a judgement referring to a problem, with delay in servicing a procedure (signification) in the case of contempt of Court (Outrage au tribunal)
Bold number 2604=Institut Demers Inc c 150 467 Canada Inc

Question 23

3.5.2: Statutes judicially considered

Answer 23

Use when we want to find a judgement using a specific section of a law

You take your “annuaire” from the older to the newest;
Go under the section “Table de législation citée;
Find the statute you are looking for
Next to specific section, find the bold number;
Take your bold numbers and find it in the “plan des sommaires”
If needed, repeat each subsequence year.

• Find a judgement citing sec.41 e) Loi canadienne sur les droits de la personne
• Canada Procureur general c.Morgan (1992)

Question 24

Words and phrases

Answer 24

-Use when we want to find a judgement interpreting a term or expression; a definition

You take your “annuaire” from the oldest to the newest
Go under the section “Index analytique” and find the section “interpretation”
Look for your word or expression;
Next to the word, find the bold number;
Take you’re bold numbers an find it in the “plan des sommaires”
If needed, repeat hit for each subsequent year.

• Find a judgment defining the term “praticien”
• Bold number 2584, Perron c. Verreaut

Question 25

3.5.4 Cases judicially considered

Answer 25

-Use when we want to find a judgement citing another case.

You take your “annuaire” from the oldest to the newest
Go under the section”Table de jurisprudence citée”
Find the case you are looking for
Next to specific section, find the bold number;
Take you’re bold numbers an find it in the “plan des sommaires”
If needed, repeat each subsequence year.

• Find a judgement citing Chequer c R (1988) 42 DTC 6169
• 1326; Corbeil c. Quebec (sous-ministre du Revenu)