SSCI 1010U Lecture 2: System of Law (Chapter 2)
11 Feb 2017
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Precedents: precedent - look at prior decisions to create consistency, binding - higher court (supreme court of canada, persuasive - court does not have to follow but may take into account. Talmudic legal tradition of the jewish people is likely the second oldest system of law after the chthonic. Precedents are used but are not binding: origins of civil law: Oldest surviving legal code: code of hammurabi. 534 ce: emperor justinian codi es roman law in corpus juris civilis. Renaissance: renewed interest in classical learning, including roman law. England: william the conqueror: uni cation and centralization contributed to the formation of the common law system. Kings peace: development of a royal court system: Writ system (common law rules): court of common pleas (civil and landholding disputes, court of king"s (queen"s) bench (criminal matters, exchequer court (revenue matters involving the king) Chief features of common law: use of precedents (if facts and law are similar) (not distinguishable)
