LEGL-210 Study Guide - Midterm Guide: Misfeasance, Counterclaim, Garnishment
22 Apr 2017
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Law -> 3 different legal philosophies: natural law theory-> morals = laws, legal positivism -> agree because the person has power. Recognizing authority: legal realism -> the lords day act 1982. Charter of rights and freedoms ultra vires (outside the law). A law is only a law if the courts are willing to enforce/apply it. Law: a law is any rule that the courts are willing to enforce. 2 different legal systems in canada encompassing, look to the book: common law legal system ( stare decisis ): A system of following past legal precedents. (or past legal decisions of the courts). Civil is suing it is a private matter. If there are no past cases in support of your case, don"t go to court. R v. andrew -> r=regina (queen) (crown) or rex for king for criminal (public) law. R is the crown prosecutor, andrew is the defense lawyer.
