Law 2101 Chapter 1: LS2-LS8

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Document Summary

Statute law made by legislature on a provincial and federal level. Before it becomes a statute, an act proceeds through legislature in the form of a bill. Historically, sources of law came from morals, custom, precedent. Statutes were created as a way to aid the growing complexities of society"s legal problem, replacing common law (precedents) Common law deals with changing social/legal conditions as they emerge out of disputes. Responds to situations slowly -> disadvantaged when confronting rapid change. Legislation is better suited for rapid change. Affect broad classes of people and can be enacted in anticipation of future events. Does not rely on past decisions and previous laws can be changed/updated. Common law was traditionally considered best guardian of individual liberties. Middle ages: tried to keep statute law subordinate to common, altering laws was considered dangerous. These fears of "legislative tyranny" disappeared with the development of parliamentary democracy and a rapidly changing society.

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