LAW 122 Study Guide - Final Guide: Ultra Vires, Property Law
2 Apr 2017
School
Department
Course
Professor
Document Summary
Example: tort, contract law, and property law. The constitution has the highest law, then comes the legislation and lastly the common law. The legislation: laws created by parliament or legislature. Create and apply common law (judge-made law) Very hard to change, and legislation and common law cannot create laws that go against it. Provides basic rules for society, including our legal and political systems. Any law inconsistent with constitution: no force or effect: s. 52 of the. Requires consent of both parliament and legislatures of two-thirds of all provinces with at least 50% of population. 2 levels of government: the federal and provincial (1867) Each are given certain areas where they create and enforce laws. Federal government: e. g. , crime, bankruptcy, copyright (s. 91) Provincial government: e. g. , property, civil rights (s. 92) If a law is created outside of jurisdiction, then it will be void.
