PHILOS 1B03 Lecture Notes - Lecture 2: Nellie Mcclung, Equal Protection Clause, Constitution Act, 1982
10 Apr 2016
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Common law system: exception: much of quebec is based on civil law. Common law & civil law - different contexts = different meanings. Civil law: comes from rome, most of europe & south america. Common law: come from england - bna act *, canada, australia, south africa, u. s. Common law: judge-made: case law, created by judgments when deciding cases, precedents; case reports (particularly appeal case decisions - from these case reports, lawyers discover the common law) Statutory law: codi ed in legislation: legislative body (authorities) Parliament, congress, etc: up to the judges to follow those laws when making decisions. Civil law: private law: contract, tort law, etc, plaintiff sues defendant, judgement for plaintiff or defendant, compensation, damages, etc. Criminal law: part of public law, state vs individual, verdict ( not judgment) Guilty or not guilty : punishment not compensations. Sometimes cases may have issues of both civil & criminal law: ie. o. j.
