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To settle disputes the courts must apply the law to the facts of the case. In doing so, courts will consider statutes, common law and precedent.
Sources of Law
Laws can originate from different sources. While statutes (federal, provincial or municipal) are written laws created by a legislative body, some law is based on accepted civil duties, such as not harming another person or their property. When there are no statutes setting out such an area of the law it is largely defined by a collection of decisions made by judges. This body of law is called the common law.
Precedent and Interpreting the Law
Laws, whether in a statute or part of the common law, are subject to interpretation. If the law has been interpreted in one way by a court in a previous case this can give guidance to a court hearing another case. In some cases courts are bound by how other courts have interpreted a law. In our judicial system lower courts generally must follow higher court decisions.
For example suppose a city wished to have a park where its citizens could spend time enjoying nature in a peaceful, safe place. To help do this the city council passed a law stating “No team sports may be played in the park.” While the law may seem clear enough at first, questions may arise in certain situations. Would the law apply to four people throwing a Frisbee, a relay team practicing for a track meet, or a group of children playing tag? It might not be easy to decide. If there was an earlier case in which a judge had ruled that young children’s informal games are not “team sports,” that decision would be a precedent. If the decision was of a higher court the court would be bound by the precedent. Otherwise the decision would simply offer guidance.
Judgment
The final outcome of a case is the judgment. Once a court has determined the facts and how the law applies to the facts, the court then determines what the outcome of the case will be. If it is a civil case there may be an award of damages (money). If it is a criminal case there will be a sentence if the accused is convicted. Courts also make other decisions. For example, they can decide on the custody of children when parents split up.
In Canada, many of our legal decisions are made using the precedent system where similar legal problems are decided using similar principles. As a result, lawyers can advise their clients not only about what the law says but also, in many cases, what a judge is likely to decide if a similar issue or problem has come up before.
For example, if a separating or divorcing spouse was being sued for support payments by their spouse, the judge would have to decide whether one spouse should make support payments to the other. The judge may look at other cases with similar facts. As much as possible, the judge would apply the principles in those other cases to the facts before the court, to decide whether one spouse should pay support to the other, in what amount and for how long. Factors such as how long the spouses lived together, what role each spouse had in running the household, or the ability of the spouses to support themselves within a reasonable period of time, would influence the judge’s decision. Previous decisions can set a precedent for how important these facts are in making a decision.
However, this method is not always predictable, especially in an area like family law. Take the example of a court deciding what parenting arrangements are appropriate in a given situation. The general guideline for deciding this question is what is “in the best interests of the child.” The things that determine what is in the best interests of the child will vary from case to case, depending upon individual circumstances. Judges have a great deal of discretion to decide what is in the child’s best interests. As a result, predicting the outcome is more difficult.
To Consider
