DCC 2118 Lecture Notes - Lecture 2: Precedent, West Brit, Canada Trust

• School: University of Ottawa
• Department: Droit (Certificat)
• Course: DCC 2118
• Professor: Kirk Shannon/ Youri Tessier- Stall

Document Summary

Sources of public law, the rule of law, and. How did (most of) canada get the common law system? a. b. First case: cooper v. stuart (h of l, 1889) Property law rule: rule against perpetuities, whether it applies in australia; i (house of lords) Facts: court trying to determine if rule against perpetuities applies to certai. Rule: hofl says 2 ways to determine law of a colony: settlement or conque. - settlement: law of england applies, unless there is a certain situation requi. -conquest: if there"s a system in place when the europeans take over, then th remains in affect. Does the law in cooper v. stuart play out here? a. Maritimes and the west - british applies law of settlement. On - adoption of english law by statute . How does the common law system work? a. b. (1)judges do not make the law, but declare it. (2) all relevant past decisions are cons.