Law 2101 Study Guide - Midterm Guide: Micro Instrumentation And Telemetry Systems, Reasonable Suspicion, Vagueness
7 Jan 2016
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Common law/case law: rules laid down by courts, based on past decisions, stare decisis principles, disadvantageous in confronting rapid social change. Constitution: supreme law of country, all over laws must conform to it. Statutory law: written laws passed from/by legislature and government. Procedural: how our rights are enforced (courts/rules of evidence/etc. ) Public: matters that concern the society as a whole. Private/civil: between individuals (or civil code: law system in quebec) Criminal: prosecution by gov"t to enforce a public law. Common law: whole body of decisions rendered by courts in particular matters. Statutory interpretation: interpreting the statutes means determining the meaning of words and applicability of terms. Modern rule of interpretation (1) ordinary meaning of the word (2) context of entire statute (3) purpose of statute. *still trying to find proper balance of weight. Ratio decidendi: legal principles for which the case was decided (binding authority) Obiter dicta: things said by the way (not always binding)
