LAW 122 Lecture Notes - Lecture 1: Canada Act 1982, Positive Law, Public Law
7 Sep 2016
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The law describes, defines, and intrudes on every aspect of life; school, business, etc. Natural law - basic human rights: american and french revolution. The un and usa declaration are fairly similar. Positive law encompasses the rules enacted by parliament and their legislation and decision in courts. The legal system is the process of creating and enforcing positive laws. Canadian law has two types; common law (every province except in quebec) and civil law (civil code from napoleon enforced in quebec, little emphasis on judge made law/common law). Canadian law constitution (supreme law, all other laws must confine to the constitution), legislation (laws formed by parliament/provincial territorial legislatures), common law (court cases). ), tort law (suing; intentional or consequence of carelessness), property law (acquisition, use and disposition of property. Real property = land, personal property = moveable items, intellectual property = software) Canadian constitution was brought back to canada in 1982 but originally formed in england.
