Introduction into the Legal System
What is Law!
-The publicly prescribed rules that we must follow, failing which we may suﬀer some
-A reﬂection of common values of society!
-The process by which disputes are resolved!
Sources of Law!
•Broad and broadly applicable riles passed by legislators!
•Can be enacted in anticipation of future events — Parliament sees a problem that
is just starting and they ﬁgure out how to deal in advanced!
-Regulations (Subordinate Legislation)
•Detailed rules reﬁning, applying, or further describing broad statutory statements!
•Passed by Governor-in-Council!
•Flexible, easily hidden!
-Doesn't have to go through parliament!
-Common Law/case Law!
•Rules laid down by the courts!
•Based on decisions resolving particular disputes!
•Each decision determines the law as it applies to that dispute and (in theory) helps
determine the law applicable to other similar matters!
-Based on principle of stare decisis, the idea that like cases should be decided
-Court decisions guide the determination of future similar matters by courts!
-Common laws from past cases!
•If someone in the past won a case in a similar factual cituation, the person
now should win too!
-Like cases should be treated alike!