Law 2101 Lecture Notes - Lecture 1: Precedent, Inquisitorial System
Tuesday, September 12, 2017
Introduction into the Legal System
What is Law!
-The publicly prescribed rules that we must follow, failing which we may suļ¬er some
adverse consequence!
-A reļ¬ection of common values of society!
-The process by which disputes are resolved!
Sources of Law!
-Statues
ā¢Broad and broadly applicable riles passed by legislators!
ā¢Highly diverse!
ā¢Can be enacted in anticipation of future events ā Parliament sees a problem that
is just starting and they ļ¬gure out how to deal in advanced!
-Regulations (Subordinate Legislation)
ā¢Detailed rules reļ¬ning, applying, or further describing broad statutory statements!
ā¢Passed by Governor-in-Council!
ā¢Flexible, easily hidden!
-Doesn't have to go through parliament!
-Common Law/case Law!
ā¢Rules laid down by the courts!
ā¢Based on decisions resolving particular disputes!
ā¢Each decision determines the law as it applies to that dispute and (in theory) helps
determine the law applicable to other similar matters!
-Based on principle of stare decisis, the idea that like cases should be decided
alike!
-Court decisions guide the determination of future similar matters by courts!
-Common laws from past cases!
ā¢If someone in the past won a case in a similar factual cituation, the person
now should win too!
-Like cases should be treated alike!
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Tuesday, September 12, 2017
- Constitution!
ā¢Supreme law of the country, to which all other laws must conform!
ā¢Very broad statements of general principle that are given concrete application by
the courts!
ā¢Etc.!
-E.g International Law!
Regulation Example !
-The statue itself says you get 1.5x pay unless the gov tells you otherwise!
Law Makers!
-Federal Gvernment!
ā¢Can make laws that apply across the country !
ā¢Authorized to make laws respecting matters assigned to it by the Constitution Act,
1867!
ā¢Also technically responsible for government of the territories!
-Provincial governments!
ā¢Laws only apply within the province!
ā¢Authorized to make laws respecting assigned to it by the Constitution act, 1867!
-Healthcare!
-Divorce!
- Municipal Governments!
ā¢Laws only apply within the municipality!
ā¢Authorized to make laws only respecting matters assigned to it by provincial
government!
- Aboriginal Governments!
ā¢Can make laws within their communities ie settlements!
- Judges!
ā¢Not elected ā appointed!
ā¢Make law in the course of resolving speciļ¬c disputes!
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find more resources at oneclass.com