LEGL-210 Study Guide - Final Guide: Ultra Vires, Legal Realism, Affidavit
11 Dec 2017
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3 philosophies of law: natural law theory: morals are your laws (religion/moral leader, legal positivism: do i recognise the lawmaker"s authority, legal realism: laws are only laws if the courts enforce it. Common law legal system (england, usa, canada) frequently uses past legal precedent to argue cases. Civil code legal system (france, quebec) refers to the big book of laws. 3 levels of court in provinces, provincial, queen"s bench and appeals. Supreme court has impact on all other courts just as higher courts in provinces have impact on lower courts. Stare decisis: when there is already a precedent set for this particular issue. Or a system of law based on past precedent. The rule of law: a principle that states that laws should govern a nation and not arbitrary decisions by the ruling party. Constitution act 1867: s. 91 = fed powers s. 92 = prov. powers. If sections laws aren"t located in either, it is automatically assigned to federal powers or s91.
