CMST 3I03 Study Guide - Final Guide: Screenwriter, Strict Scrutiny, Universal Service
11 Dec 2015
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Document Summary
Intro to the american & canadian legal system. Law definition: a system to guide behaviour, both to protect the rights of individuals and to ensure public order. Four sources of law: legislature: statues that are passed by democratically elected legislatures. Judiciary: case law interprets written statutes and applies them to cases in. Precedents: making a decision based on the principals followed by an earlier court. Some are binding meaning that the court has to follow them. Distinguish that internet signals are not the same as cable companies : overruling a precedent precedent doesn"t apply i. e. films were not protected by free speech rights because they were viewed as spectacles. In 1952 precedent was overruled and it was decided film was deserving of protection. Only higher court can overrule precedent of a lower court or supreme. Found in france, germany, and quebec among others. Constant stream of homogenous rulings may be persuasive.
