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Study Guide

Law 2101 Study Guide - Comprehensive Final Exam Guide - Canada, Common Law, Quebec


Department
Law
Course Code
Law 2101
Professor
Mysty Sybil Clapton
Study Guide
Final

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Law 2101

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Tuesday, September 12, 2017
Introduction into the Legal System
What is Law!
-The publicly prescribed rules that we must follow, failing which we may suer some
adverse consequence!
-A reflection of common values of society!
-The process by which disputes are resolved!
Sources of Law!
-Statues
Broad and broadly applicable riles passed by legislators!
Highly diverse!
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
alike!
-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!
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Tuesday, September 12, 2017
- Constitution!
Supreme law of the country, to which all other laws must conform!
Very broad statements of general principle that are given concrete application by
the courts!
Etc.!
-E.g International Law!
Regulation Example !
-The statue itself says you get 1.5x pay unless the gov tells you otherwise!
Law Makers!
-Federal Gvernment!
Can make laws that apply across the country !
Authorized to make laws respecting matters assigned to it by the Constitution Act,
1867!
Also technically responsible for government of the territories!
-Provincial governments!
Laws only apply within the province!
Authorized to make laws respecting assigned to it by the Constitution act, 1867!
-Healthcare!
-Divorce!
- Municipal Governments!
Laws only apply within the municipality!
Authorized to make laws only respecting matters assigned to it by provincial
government!
- Aboriginal Governments!
Can make laws within their communities ie settlements!
- Judges!
Not elected — appointed!
Make law in the course of resolving specific disputes!
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