Law 2101 Chapter Notes - Chapter 1: Mischief Rule, Primary And Secondary Legislation, Statutory Interpretation
21 Nov 2017
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The publicly prescribed rules that we must follow, failing which we may suffer some adverse consequence. A reflection of common values of society. The process by which disputes are resolved. Rules passed by federal parliament or provincial legislatures (broad and broadly applicable) Can be enacted in anticipation of future events. An act proceeds through the legislature to form a bill before it becomes a statute: regulations (subordinate legislation) Detailed rules refining, applying or further describing statutory statements. Flexible, easily changed, easily hidden: common law/case law (historically the major source of law) 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 state decisis the idea that like cases should be decided alike. Court decisions guide the determination of future similar matters by courts: constitution. Supreme law of the country, to which all other laws must conform.
