Chat with AIExam 2: The Machinery of Justice
Explain whether judges are required to follow the principle of stare decisis.
(71) 
VerifiedAlthough traditionally judges strictly followed this rule,today they are only bound by decisions of higher courts,and even then,since no two sets of facts are identical in every respect,judges can and do distinguish the facts of the case in issue before them with the facts of earlier similar cases in order to avoid this rule.
Explain the relationship between the courts of common law and equity.
(80) VerifiedThe common law system developed in feudal England at the time of the Norman conquest.The common law is said to be judge-made law because it is based on the recorded reasons of judges.At the core of the common law system is the theory of precedent,which means that judges should stand by the decided cases.The previous decisions of judges are thus important.Because of the importance of the theory of precedent and following previous decisions,the common law grew to be strict and inflexible and in most cases unjust.For instance,before a party could be heard,he or she had to ensure that his or her claim fell within a particular procedure,otherwise it would not be heard.Soon,it became necessary to modify the rigours of the common law.The king thus established another set of courts,referred to as courts of equity,which were intended to remedy the unfairness of the common law decisions.The courts of equity developed side by side with the common law courts and soon were administered by the Lord Chancellor.The Lord Chancellor was said to be the custodian of the conscience of the King.In 1865,the British Parliament passed an act that merged the two courts.From this time onwards,the same courts that administered the common law also administered the principles of equity.Hence the saying that equity and the common law go hand-in-hand.In Canada,various provinces have also passed acts that have merged the two systems of courts into one court.
The great majority of civil lawsuits do not proceed to trial because the parties ultimately settle.
(83) VerifiedTrue
In addition to the two basic categories of public and private law,law is divided further into two more categories,which are
(81) Before a person can commence a suit,he or she must have standing to sue.
(86) After negotiation,alternative dispute resolution is the cheapest form of resolving disputes.
(76) Equitable remedies such as specific performance originated in the early common law courts.
(78) Most legal cases do not go to trial because the plaintiffs simply abandon their rights.
(70) Mary works at a bread-making factory.All the women workers at the plant are paid lower wages than their male counterparts for the same work.The women workers decide to sue.They decide that Mary should represent all of them in a lawsuit.This kind of lawsuit is known as
(82) In any jurisdiction of Canada,such as Ontario,the rule is that the decision of a higher court is binding on a lower court.
(88) Which of the following is generally used to resolve an international dispute?
(77) The provincial court system has been established to deal with most matters of private and public law.Trial courts often deal with matters at first instance.The busiest of these civil courts as far as number of cases is
(90) When two or more parties have a legal dispute,often the cheapest form of resolving the dispute is by
(74) 
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