SSCI 1010U Lecture Notes - Lecture 2: Lexisnexis, Public Law, Parliamentary Sovereignty
Document Summary
Consists of legal rules, institutions, and procedures: operate in a distinctive way. 2 different legal systems in canada: quebec: civil law (governing private law matters, everywhere else: common law. Do not need to know map for exams. Previously decided cases provide basis for legal rules. Case-oriented: previously decided cases provide basis for legal rules. Leading role of precedent among sources of law judge-made" law. More inductive reasoning (from particular to general: you look at specific situations and derive a general rule and use that general rule in the future. Deductive reasoning is starting with general principles and try to apply them to a specific situation. Case at bar case at hand. Ratio decidendi reason for the decision. Precedent: decisions of higher courts bind lower courts. Court of chancery developed in response to unfair decisions in common law. Law of equity developed body of legal rules.
