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LWSO201 - Civil and Common Law Systems_1.doc

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Law and Society
Course Code
LWSO 201
Marywyatt Sindlinger

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Civil and Common Law Systems 1) Civil Law System: a) Defined: a comprehensive compilation of rules covering all aspects of an area of law b) Applies in Quebec 2) Common law system: judicial decisions as the source and interpretation of the law • Case law or judge man law • second most common legal system • originated in England a) Stare decisis/precedent: “to stand by decision and not disturb the undisturbed” • a rule established in a past decision on the same facts must be binding with the same facts b) Judges follow the rulings in similar cases c) Benefits: continuity, certainty, rule of law, flexibility – linked to rule of law, fairness and predictive value
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