Understanding Procedural Law and Stare Decisis

Dispute involving a Condo Board and Window Air Conditioning

1. Drew has a problem with his condo board. He believes he can install a window air conditioner but the condo board says the bylaws do not allow it. Drew has read the Condominium Act and he believes that he must first seek a meeting of the condo board and then he may have remedies in court. This situation involves which categories of law

Procedural law because the law sets out a procedure for Drew to get the remedy he see

Private law, substantive law, and procedural law because the Condominium Act has all three categories of law that apply to Drew

Only public law because the Condominium Act applies to every person in society

Private law and procedural law because this is a private matter between Drew and the condo board

Only private law because not every person in society owns a condo

2. Which of the following requirements of a judicial system was a driving force behind the evolution of the concept of stare decisis

Transparency and ease of use

Transparency and flexibility

Predictability

Conncy

Predictability and consistency

3. Which of the following statements about stare decisis is true

It allows a judge the flexibility to change with social attitudes

It allows a judge to distinguish between cases in order to apply the correct statute

It plays a similar role in the civil law system as the Quebec Civil Code does in a common law system.

It plays a similar role in the common law system as the Quebec Civil Code does in a civil law system

It requires a judge to apply precedent even if the cases have significant differences.

4. Identification of a factual difference that renders a prior precedent inapplicable to the case before the court is known a strict interpretation.