LAW 122 Lecture Notes - Lecture 1: Common Law, Ultra Vires, Private Law
10 Jan 2017
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Document Summary
Civil law systems trace their history to ancient rome and are code based (ex based on the code by napoleon) The only civil law jurisdiction is in quebec. Common law systems trace their history to england and is used amongst the rest of. Public law governs our relationship with the government and with society as a whole. It covers: constitutional law, tax, criminal law, regulatory laws. Private law governs matters of private concern and the relationships we have with other private individuals. It covers: tort, contract law, property law. Hierarchy of sources of law (from top to bottom) The constitution provides basic rules for society, including our legal and political systems. It is the highest source of law and any law inconsistent with constitution will have no force or effect (section 52 of the constitution) also called ultra vires. Difficult to amend because it requires both parliament legislature of two-thirds of all provinces with at least 50% of population.
