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Side A ------ Side B
Meaning: Ratio Decedendi ------ The part of a decision that is binding.The part that is binding is the reason for the decision. 
Meaning: Obiter Dicta ------ Everything in a decision that is not binding. Things said "by the way."
Difference between "a law" and "the law." ------ A law is one rule.The law is the entire body of state-enforced or legal rules.
Common Law ------ Often described as judge-made law, because it is a set of principles that judges, over time, have been developed collectively, when they have decided particular cases. 
Meaning: Stare Decisis ------ Latin term meaning the decision stands. The system developed from common law and case precedent. The rule of law from a similar case is binding on the later judge.
Difference between statute law and common law. ------ Statute law is enforced by the government. Statute law and common law are interpreted and applied by the courts. 
Majority Decision ------ The decision of the court that determines the outcome of the case. 
Concurring Opinion ------ Judges concur, or agree, with the result. But, they may add their own reasoning as to how they came to the same conclusion. 
Dissenting Opinion ------ Disagrees with both the reasons and outcome of the majority decision. The dissent does not determine the outcome. 
Tort Law ------ The private law of actionable wrongs.Tort law requires fault in order to impose liability
"Actionable" definition ------ Recognized at law as something you can sue for. 
Difference in standard of proof at civil law and criminal law. ------ Criminal case: standard of proof has to prove its case beyond a reasonable doubt. Civil case: Plaintiff only has to prove its case on the standard called the balance of probabilities (51%). 
"Per se" meaning ------ In itself, or intrinsically
Intentional Torts ------ Are "actionable per se."Examples: Trespass, slander, assault, battery, unlawful confinement, conversion, etc. Purposeful intentional act; inherently wrong (whether anyone is harmed or not).
Unintentional Torts ------ The fault or wrongfulness of conduct is based not on what defender knew, but what he ought to have known. Not actionable per so, harm/injury is a necessary element. 
Elements of Negligence  ------ 1. Duty of Care2. Standard of Care3. Breach of Standard of Care4. Causation5. Damages
Meaning: Loss Spreading  ------ U.S. ModelSociety can bare the cost of a certain injury
Meaning: Loss Fixing ------ Canadian ModelMeaning "finding where the fault lies."- Identify or locate liability; it sticks to principle
Pecuniary Loss ------ Monetary Lossie. What are the value of my lost wages?
Non-pecuniary Loss ------ Non-monetary LossIncludes pain and suffering
Factors of "standard of care" ------ - How likely it is that someone will be injured- The severity of the injury- The social utility; how important is it- The cost of avoidance
Rescue Principles (4) ------ - No duty to rescue (unless currently working a position it is your duty). - If started rescue, you don't have to complete (unless leaving would worsen their situation)- Rescue attempt and rescuer is negligent and makes things worse = possible liability.- Duty to would-be rescuer (they come to save you, get injured, and you could be liable). 
Meaning: Nunc pro tunc ------ "Let's just presume it was properly filed." 
Meaning: A priori ------ Derived prior to experience- The law is not a set of a priori principles. 
Insurance Argument  ------ Plaintiff is in best position to know how much money they're going to lose; they know how to assess the risk
Loss Spreading Argument ------ The loss should be spread out amongst everyone.
Contractual Allocation of Risk ------ Focuses on the ability of person who stand to suffer economic loss due to damage to the property of another, to allocate the risk within their contracts effectively. 
Collateral Benefits ------ Judge does not care where money comes from (insurance, charity welfare), it ought not to reduce the liability of the defendant. - Collateral benefits are not to be used to assist the defendant in reducing the damages claim. 
Non-pecuniary loss: Conceptual Approach ------ Treats each faculty as a proprietary asset with an objective value. Bot or tariff system ($12,000 for little finger).
Non-pecuniary loss: Personal Approach ------ Values the injury in terms of the loss of human happiness by each particular victim.
Non-pecuniary loss: Functional Approach ------ Accepts the personal premise of the personal approach, plus attempts to compensate to provide "reasonable solace for misfortune." 
When is economic loss recoverable: ------ - if there is knowledge of the person likely to suffer.- If there is foreseeability of nature of loss. - If there is sufficient proximity. 
Proximity ------ - Connection between defendant's conduct and plaintiff's loss. - Controls unlimited liability- Various forms of closeness- Includes a duty to warn- Does not indicate liability
2 factors determining gravity/magnitude of risk: ------ Seriousness of injury. Likelihood of injury.

Side A ------ Side B
Meaning: Ratio Decedendi ------ The part of a decision that is binding.The part that is binding is the reason for the decision. 
Meaning: Obiter Dicta ------ Everything in a decision that is not binding. Things said "by the way."
Difference between "a law" and "the law." ------ A law is one rule.The law is the entire body of state-enforced or legal rules.
Common Law ------ Often described as judge-made law, because it is a set of principles that judges, over time, have been developed collectively, when they have decided particular cases. 
Meaning: Stare Decisis ------ Latin term meaning the decision stands. The system developed from common law and case precedent. The rule of law from a similar case is binding on the later judge.
Difference between statute law and common law. ------ Statute law is enforced by the government. Statute law and common law are interpreted and applied by the courts. 
Majority Decision ------ The decision of the court that determines the outcome of the case. 
Concurring Opinion ------ Judges concur, or agree, with the result. But, they may add their own reasoning as to how they came to the same conclusion. 
Dissenting Opinion ------ Disagrees with both the reasons and outcome of the majority decision. The dissent does not determine the outcome. 
Tort Law ------ The private law of actionable wrongs.Tort law requires fault in order to impose liability
"Actionable" definition ------ Recognized at law as something you can sue for. 
Difference in standard of proof at civil law and criminal law. ------ Criminal case: standard of proof has to prove its case beyond a reasonable doubt. Civil case: Plaintiff only has to prove its case on the standard called the balance of probabilities (51%). 
"Per se" meaning ------ In itself, or intrinsically
Intentional Torts ------ Are "actionable per se."Examples: Trespass, slander, assault, battery, unlawful confinement, conversion, etc. Purposeful intentional act; inherently wrong (whether anyone is harmed or not).
Unintentional Torts ------ The fault or wrongfulness of conduct is based not on what defender knew, but what he ought to have known. Not actionable per so, harm/injury is a necessary element. 
Elements of Negligence  ------ 1. Duty of Care2. Standard of Care3. Breach of Standard of Care4. Causation5. Damages
Meaning: Loss Spreading  ------ U.S. ModelSociety can bare the cost of a certain injury
Meaning: Loss Fixing ------ Canadian ModelMeaning "finding where the fault lies."- Identify or locate liability; it sticks to principle
Pecuniary Loss ------ Monetary Lossie. What are the value of my lost wages?
Non-pecuniary Loss ------ Non-monetary LossIncludes pain and suffering
Factors of "standard of care" ------ - How likely it is that someone will be injured- The severity of the injury- The social utility; how important is it- The cost of avoidance
Rescue Principles (4) ------ - No duty to rescue (unless currently working a position it is your duty). - If started rescue, you don't have to complete (unless leaving would worsen their situation)- Rescue attempt and rescuer is negligent and makes things worse = possible liability.- Duty to would-be rescuer (they come to save you, get injured, and you could be liable). 
Meaning: Nunc pro tunc ------ "Let's just presume it was properly filed." 
Meaning: A priori ------ Derived prior to experience- The law is not a set of a priori principles. 
Insurance Argument  ------ Plaintiff is in best position to know how much money they're going to lose; they know how to assess the risk
Loss Spreading Argument ------ The loss should be spread out amongst everyone.
Contractual Allocation of Risk ------ Focuses on the ability of person who stand to suffer economic loss due to damage to the property of another, to allocate the risk within their contracts effectively. 
Collateral Benefits ------ Judge does not care where money comes from (insurance, charity welfare), it ought not to reduce the liability of the defendant. - Collateral benefits are not to be used to assist the defendant in reducing the damages claim. 
Non-pecuniary loss: Conceptual Approach ------ Treats each faculty as a proprietary asset with an objective value. Bot or tariff system ($12,000 for little finger).
Non-pecuniary loss: Personal Approach ------ Values the injury in terms of the loss of human happiness by each particular victim.
Non-pecuniary loss: Functional Approach ------ Accepts the personal premise of the personal approach, plus attempts to compensate to provide "reasonable solace for misfortune." 
When is economic loss recoverable: ------ - if there is knowledge of the person likely to suffer.- If there is foreseeability of nature of loss. - If there is sufficient proximity. 
Proximity ------ - Connection between defendant's conduct and plaintiff's loss. - Controls unlimited liability- Various forms of closeness- Includes a duty to warn- Does not indicate liability
2 factors determining gravity/magnitude of risk: ------ Seriousness of injury. Likelihood of injury.