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The traditional requirement of proof of causation on a balance of probabilities is being challenged, in cases ranging from toxic pollution to medical negligence, by tort plaintiffs whose success depends on acceptance of "probabilistic" rather than "particularistic" evidence based on epidemiological and other statistical data falling below 50% probability. Courts in various jurisdictions have experimented with devices such as reversal of onus of proof against negligent defendants, recognition of mere risk of injury as a cause of action and damages proportioned to the degree of probability or chance. Recent pronouncements by the House of Lords oppose this trend.
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There are two different models of judicial decision-making that have been illustrated in American legal thinking. In this article the author thoroughly examines those models and illustrates the workings of each. First, the author discusses the adjudication of disputes model and examines its purpose, as well as its key elements and characteristics. He also examines its limits, namely the obstacle of polycentricity. The author then discusses the characteristics of the judicial-policy-maker model, as well as the various problems with which it is associated. In conclusion, the author suggests that although the judicial process in Canada fits neither model exactly, it is more or less organized along adjudicative lines.
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Linguistic rights in New Brunswick have progressed since the enactment of the Official Languages of New Brunswick Act of 1969. The Canadian Charter of Rights and Freedoms has caused the entrenchment of some linguistic guarantees in the Constitution and has provided for judicial enforcement. Collective rights have also been given legislative sanction through the passing, in 1981, of An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick, and new legislation to replace the 1969 Act has now been proposed in a recent government-sponsored study.
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Jan Cowie, 1994 58-2 Saskatchewan Law Review 357, 1994 CanLIIDocs 497
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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