POLS 3135 Lecture Notes - Lecture 2: Obiter Dictum, Canadian Judicial Council, Ratio Decidendi
13 Dec 2016
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Document Summary
If there"s a legal right held by one person, there"s a duty for someone else (usually a public official). For a right to exist, there is always a correlative duty. Positive (written) law: divided into domestic and international. Domestic law: divided into substantive, and procedural (or adjectival eg. a court"s rules of procedure) Positive domestic law: divided into public and private. Private law: most important divisions are contracts, property and torts (private wrongs); many other types as well (see gall) Common law system compared with civil law system. Deductive (civil) vs. inductive (common); weight of precedent; reports of framers & la doctrine (civil) Main sources of law: written constitution (s. 52(1) of ca, 1982, statute law (laws created by legislatures, case law (created by judges) Other (informal) sources that inspired both statute and case law: ten commandments, Magna carta (1297), roman law, canon law, writings of legal scholars (eg. coke 1552 .
