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Lecture 1

LAW 201 Lecture 1: Law201 - lecture 1

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Queen's University
LAW 201
Mary Jo- Maur

Take Notes Where does law come from? • Constitution (Canadian) • Statutes • Case law (previous decisions made by judges in other cases) o Common law jurisdiction • Constitution –> valid legislation –> decisions from the supreme court – >decisions from other courts • All legal decisions based around a new rule, an application of an old rule, a refinement of an old rule o We read the case to try and figure out how the judge solved the legal puzzle and then apply it to other situations • True or false – a judicial decision may express more than one rule (True) • A lot of people intuitively understand legal reasoning but only some do it well • Legal reasoning o State the law – where did the rule come from and why ▪ Law students would have to take all these sources and see which it the most applicable o Apply the law to the facts o Come to a conclusion (or prediction) about how the set of facts should work out • Case law o Organic o Evolution, growth
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