Articles

Civil Litigation

Precedent

The courts decide cases by applying the law to given facts. There is a hierarchy of courts. Each level of court is compelled to follow legal principles and interpretations (precedents) set by higher level courts unless a case can be “distinguished” on its facts. Where no higher level decision exists, the courts follow the interpretation […]

Privilege

Protection from disclosure. Certain verbal or written communications are private and need not be disclosed to the other side during a case. These are referred to as “privileged”. The issue tends to come up on disclosure. The rules can get very complicated, but the most well known form of privilege is communication between a party […]