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Université de Montréal - Thèse sous forme numérique

Université de Montréal - Thèse sous forme numérique

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173favourable <strong>de</strong>cisions are quite standard and the performative verb does not vary: (The)appeal (is / should be) allowed (with costs / in part). Formulations expressing anunfavourable <strong>de</strong>cision are quite standard too: (The) appeal (is / should be) dismissed (withcosts). In some cases, the <strong>de</strong>cision ma<strong>de</strong> by the judges can be both positive and negative:Appeal allowed and cross-appeal dismissed.In the case R v. Solowan, [2008] 3 S.C.R. 309 (cf. Appendix 3), the judges <strong>de</strong>ci<strong>de</strong>dto <strong>de</strong>ny the request of the appellant (Appeal dismissed). Judges have to vote to reach a<strong>de</strong>cision. Decisions can be unanimous, majoritarian, concurring or dissenting. In the case ofthe aforementioned judgment the <strong>de</strong>cision of the judges was unanimous.4.1.3.5. ContentAlthough the judgments of the English subcorpus have the same macrostructure, theircontent can vary consi<strong>de</strong>rably. As mentioned, each document contains an i<strong>de</strong>ntificationsection with in<strong>de</strong>xing terms for documentation purposes. These terms point to or indicatethe themes of the texts. In or<strong>de</strong>r to i<strong>de</strong>ntify the content of the texts inclu<strong>de</strong>d in the Englishsubcorpus, a list of the in<strong>de</strong>xing terms of the texts of the corpus was compiled. In<strong>de</strong>xingterms with a very high frequency score in the corpus are Charter of Rights, followed byCriminal law and evi<strong>de</strong>nce. In<strong>de</strong>xing terms may take the form of simple keywords(evi<strong>de</strong>nce), the form of complex keywords (exclusion of evi<strong>de</strong>nce) and even the form ofclauses (Whether doctrine of issue estoppel should be retained in criminal law). In<strong>de</strong>xingterms in the form of clauses occur in the corpus about 380 times. Appendix 4 lists 36in<strong>de</strong>xing terms appearing 10 times or over in the i<strong>de</strong>ntification sections of the English texts.4.1.4. Comparability and representativenessThe corpus used in the research was <strong>de</strong>signed to compare the legal terminology used byPortuguese civil law judges and Canadian common law judges. It is representative of the

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