Chat with AIExam 2: The Machinery of Justice
Explain how a trial judge might avoid the rule of stare decisis,or precedent,to ensure that justice was done in a particular case that came before her or him so as to change the law.
(30) 
VerifiedAlthough the trial judge in such a case would understand that she or he was technically bound to follow earlier decisions dealing with the same subject as the case before her or him and also that normally decisions of higher courts would be binding on her or him,it would be open to her or him to distinguish the facts of the case before her or him from the facts of earlier decisions by dwelling on minor differences between them.This would permit the trial judge to depart from the normal rules and adjust the law to the case before her or him by applying it differently than it was applied in previous or higher decisions.However,the real test of the correctness of the trial judge's decision would come on appeal to either a court of appeal or the Supreme Court of Canada.If these courts,more particularly the Supreme Court of Canada,upheld the trial judge's decision,then her or his departure from the normal rules would be confirmed and she or he would have effectively changed the common law.
There are many reasons why parties to disputes agree not to go to court but rather to arbitration.These reasons include all of the following EXCEPT
(31) VerifiedD
Explain what a court of first instance is.
(40) VerifiedA court of first instance is a trial court where witnesses give evidence and an initial judgment is made.The topic of dispute will determine in which trial court the dispute belongs.
The primary goals of the common law when it was developed were
(32) What is the difference between "burden of proof" and "standard of proof" in relation to a civil action?
(33) Explain why it is important that the Supreme Court of Canada not be bound by its own decisions.
(41) The form of law that was adopted by the whole of continental Europe was one in which
(33) The merger of the courts of chancery with the courts of common law has resulted in judges abandoning the philosophy of equity when deciding cases.
(37) Which of the following is NOT/are NOT a Federal Court of Canada?
(39) In any jurisdiction of Canada,such as Ontario,the rule is that the decision of a higher court is binding on a lower court.
(35) Administrative agencies derive their authority from regulations passed under statutes.
(38) 
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