Law 2101 Chapter Notes - Chapter LS 2-17: Primary And Secondary Legislation, Private Case, Substantive Rights
15 Dec 2017
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Most common sources: the constitution, statues enacted by the federal parliament or provincial legislature, federal or provincial regulations, the decisions rendered by judges, and international law. 2 major sources are the law made by the courts (common law or case law) and law made by legislatures (statute law) Common law deals with changing social or legal conditions only as they emerge in actual disputes. Legislation is better suited to accommodate change, statutes deal with generalities and affect broad classes of persons. Statues don"t rely on past decisions for legitimacy. Only federal and provincial legislative bodies have the right to legislate, more detailed laws enacted by the cabinet are called delegated legislation. Procedural =deals with court and pre-trial procedure and rules of evidence. 2 other distinctions: public and private law, civil and criminal law. Public law =concerned with matters that affect society as a whole: criminal, constitutional, administrative law. Set the rules for relationship between the individual and society.
