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Archive for the ‘Quote of the Day’ Category

“nothing but confusion of thought can result from assuming that the rights of man in a moral sense are equally rights in the sense of the Constitution and the law.” ~ Oliver Wendall Holmes Jr. in The Path of the Law, 1897.

And because Professor Kerr asked for it (actually it’s a really great quote for philosophical materialists like me!) …

“The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified” ~ Southern Pacific Company v. Jensen 244 U.S. 205, 222 (1917) Holmes, J., dissenting; opinion published (21 May 1917).

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“The common law itself is a sort of vast mind, absorbing and processing the real-world problems of litigants through the intensive adversarial debates of opposing counsel.” ~Anthony D’Amato, in ‘The Decline and Fall of Law Teaching in the Age of Student Consumerism’ 37 Journal of Legal Education 461 (1987).

Curious about Common Law vs. Civil Law? Did you know that while Canada has a Common Law legal system (inherited from England, and like much of the common wealth), Québec uses a Civil Law system (like much of the world including Europe, much of Asia and almost all of South America)?

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“Tort law, like love, is valuable not only intrinsically, but also for its other contributions to a better world.” ~Justice Linden in Canadian Tort Law 2006.

For those still wondering what the hell tort law is, I have just got it figured out. Tort law deals with civil wrongs between people, unlike Criminal Law which is concerned with criminal wrongs and pits the defendant against the crown). Tort law also stands apart from Contract Law which is law fixed by the parties who enter into the agreement (the contract). Tort law is fixed instead by “the Law” and the law provides a remedy. So, tort cases involve a compensation (usually monetary) for some wrong committed by one person to another (whether intentional or negligent). Tort law includes personal injury, defamation, battery …

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“You’re no longer playing an academic game that you have mastered.”
~ Criminal Law professor Blair Crew to the new 1st year Law Students

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