COMM 393 Study Guide - Final Guide: Legal Aid, Canada Revenue Agency, Settlement Conference
Document Summary
Who makes law: courts through case decisions, the government through legislation. Certainty vs flexibility: stare decisis to stand by a previous decision (decisions of higher courts must be followed by lower courts) Accomodating change: overrule declare an existing precedent no longer binding or effective, danger in overruling decided cases too freely is that doing so would undermine the needed consistency and predictability in law. Variety of sources; case law: judge-made law: the common law, from precedents (previous cases, canon law created by the church, which had its own jurisdiction and courts in matters pertaining to itself. The courts of first instance trial courts: witnesses are called and an initial judgment is rendered. Provincial court system: courts of first instance witnesses give evidence and initial judgments are made, small claims court - handles private dispute for smaller amounts of money, provincial division hears minor criminal cases.
