Law 2101 Chapter Notes -Indian Act
Document Summary
Sources of law: sources of law, constitution, statues enacted by the federal parliament or a provincial legislature, federal or provincial regulations, judges" decisions rendered in the cases they decide. Law made by the courts: common law or case law. Statute: a written law of a legislative body (i. e act of parliament) Law may be passed by both federal and provincial legislatures; there are both federal and provincial statues in canada. History: customary (norm) law -> english common (precedent) law -> statute (generality) law. Common law: deals with changing social or legal conditions only as they emerge in actual disputes; cannot anticipate them. Disadvantage: fails to confront rapid social change. Statue law: deals in generality and affect broad classes of persons - can be enacted in anticipation of future events; cases don"t need to happen first. Advantage: does not rely on past decisions; new laws can immediately replace existing ones.
