PHILOS 1B03 Lecture Notes - Lecture 4: Parliamentary Sovereignty, Life Tenure, Canonical Form
21 Apr 2016
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Exception: much of quebec law is based on civil law. Common law and civil law - different context, different meanings. Civil law: rome justinian statues, most of europe, south america. Common law: england, canada, australia, south africa and united states, former members of the commonwealth. Common law vs statutory law: common law: judge made law. Precedents; case report: statutory law: codified in legislation. Civil law vs criminal law: civil law. Private law: contract, tort law (negligence not criminal) etc. Judgement for p or d (balance of probability stronger case) Punishment not compensation can be both civil and criminal (e. g sexual assault) case example e. g oj simpson standard of proof is much higher than civil law cases. Set of fundamental rules creating, regulating, and limiting basic powers of government. Three standard forms of government power: legislative power making new laws, executive power power to implementing laws (cabinet) Judicial power adjudicating disputes under laws: characteristic features of modern constitutions.
