17
votes
Accepted
What is the principle of “finders keepers until the owner claims” called?
This common law property concept is sometimes called the "finders principle" or even sometimes simply "finders keepers." See e.g. Skrypnyk (Liddiard) c. R., 2014 QCCQ 21445, at ...
- 43.3k
9
votes
How is “R v. Smith” pronounced?
It varies. See Wikipedia: Case citation - Pronunciation of case titles: "When case titles are read out loud, the v can be pronounced, depending on the context, as and, against, versus, or vee.&...
- 43.3k
8
votes
Does the English or the American rule prevail in Canada?
canada
The general rule is that the substantially successful party is entitled to "costs" on a prescribed scale (e.g. British Columbia; Manitoba) not full indemnity costs.
- 43.3k
7
votes
How is “R v. Smith” pronounced?
australia
The Crown against Smith
v is “and” in civil trials and “against” in criminal ones
However, language changes and “v”, “versus”, and “against” are all variously acceptable depending on the age ...
- 198k
5
votes
Accepted
What were practitioners of/at (?) Equity called when the courts were separate?
While the period of time before the fusion of law and equity in 1873 is quite long, and there were many changes to the law during it, I think it's reasonable to look at the earlier part of the ...
- 4,671
4
votes
Accepted
How did international/colonial jurisdictions deal with the combination of law and equity?
Differently
It is not correct to say that English common law and equity was merged in the judicial reforms of the 1870s; they remained distinct areas of law. What changed is that they were ...
- 198k
3
votes
Are writs rooted in equity?
No
A writ is simply an order issued under legal authority for someone to do or not do something.
Today the word is usually associated with orders by a court but historically, they applied to ...
- 198k
3
votes
Why is the crown referenced differently between first instance and appellate hearings?
It isn't
My previous answer dealt with how cases are cited, which is different from how they are named.
AFAIK a case is always named with the full name of the prosecutor:
His Majesty the King v X
The ...
- 198k
2
votes
Are writs rooted in equity?
Writs are not unique to equity. Writs developed as essentially template actions and associated orders in both law courts and chancery. They eventually crystalized around a fixed set of wrongs and ...
- 43.3k
2
votes
Why is the crown referenced differently between first instance and appellate hearings?
canada
“R” is only used in first instance trials...
This is not true in Canada.
See e.g.
R. v. Stairs, 2018 ONSC 3747 (the trial level)
R. v. Stairs, 2020 ONCA 678 (the provincial appellate court)
...
- 43.3k
1
vote
How is “R v. Smith” pronounced?
In the US, you will usually hear this as "vee," even though "versus" is correct. Others have said this, but the reason I wanted to write my own answer is because it is very, very ...
- 274
Only top scored, non community-wiki answers of a minimum length are eligible