Sunday, October 03, 2004

The Canadian Legal System

As a professional here, everyone who practices engineering, geology, geophysics or architecture have to know basics of the Canadian legal system, No matter if s/he is graduated here in Canada or anywhere else in the world. The Canadian legal system is based on English system. I'm studying it for my APEGGA exam. It's sometimes boring and confusing and sometimes interesting and amusing but it mostly depends on my mode!
...But no! It's sometimes really boring. The system that the book is based on it is presenting different topics in terms of law and regulation, explain a little bit and then offers cases. What I don't understand here is the nature of giving the cases. I know that in order to appreciate the concepts, it's essential to study the cases but the thing is usu. different cases leads to totally different conclusions. And it's not irregular. But what is the point? Are we supposed to have the Competence to arbitrate cases, as we obviously r not judges? I don't think so.
I believe that what a professional must know is the law and regulation and what will happen, if the practitioner doesn't adhere to them. S/he gets more confused by studying two, I'd say, identical cases which deemed to separate endings. It usu. happens esp. when a case appeals and also sometimes when different courts in different provinces or countries (mostly Canada and England) judge the case. Sometimes a judge or a jury applies a precedent and sometimes they overrule it. And what do we get when we study that and try to analyze? confusion! And if there a question in the exam. about that what r we supposed to answer? Every judge reviews and evaluates differentially and concludes distinctly unless the case - or better to say - the wrongdoing is so clear and obvious that everyone gets to the same point.

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