It's not difficult to
find judicial statements adopting Holmes» assertion that the life of the common law is experience, not logic.
Not exact matches
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Every legal researcher has come across the phrase in a
judicial opinion, «It is well settled that...,» or, «It is axiomatic that...» In 2014, I wrote about a prototype legal research website that mined opinions for instances of these phrases and made them searchable as a way of helping researchers
find statements of -LSB-...]
The SCC has indeed set a low standard for decision writing, noting that the scope for
judicial creativity is «narrow, but not non-existent»: «it
finds expression in the ordering of the reasons and the disposition of the arguments and issues, and in the occasional eloquent
statement of the facts or restatement of the law.»
It obliges MS to ensure that, until a person has been duly
found guilty, the individual involved is not presented as guilty in public
statements by public authorities or
judicial decisions, other than those determining the person's guilt.
Here I'm struck by the contrast between the accounts of the prevalence of «whacking» and the
judicial response to it (e.g. that it is common and the courts / crowns rarely intervene) and accounts that I hear from practicing crowns (e.g. that it is uncommon and, when it occurs, the court's response vigorously and, further, that the court, crown and police are uncommonly solicitous to complainants in sexual assault cases — a claim that the Ghomeshi cases seems to confirm given the seemingly well -
founded criticism of the police in that case for failing to adequately probe the complainant's allegations, meaning that inconsistencies in their
statements were discovered on cross-examination by the defense, fatally undermining their credibility).
Despite these
findings and
judicial statements about the inefficacy of keyword searching in eDiscovery, the prevailing practice continues to be search, process, review, produce.
(6) After the end of each year, the
Judicial Council shall make an annual report to the Attorney General on its affairs, in English and French, including, with respect to all complaints received or dealt with during the year, a summary of the complaint, the
findings and a
statement of the disposition, but the report shall not include information that might identify the judge or the complainant.
To paraphrase Lambert J.A. in Nichols, where
statements of counsel stand alone, it will be a rare case that such
statements will be sufficient to justify a
finding of fact that would permit the exercise of
judicial discretion.
In investigating an alleged conflict of interest of a member for
statements made in Question Period,
finding a breach and recommending sanctions, she was acting within the parliamentary privilege over the regulation of members and her actions are not subject to
judicial review.
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(1) If the
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