Textbook Notes (280,000)
CA (160,000)
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Chapter 1

Law 2101 Chapter Notes - Chapter 1: Income Tax, Primary And Secondary Legislation, Middle Ages


Department
Law
Course Code
Law 2101
Professor
Mysty Sybil Clapton
Chapter
1

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Monday, September 11, 2017
Introduction into the Legal System
Sources of Law!
-Most common sources of law are!
The Constitution!
Statues enacted by the federal Parliament or a provincial legislature!
Federal or provisional regulations!
Decisions rendered by judges in the cases they decide!
International Law (Outside scope of course)!
LRWA Materials!
-Two major sources of law are the law made by the courts (common law or case law)
and the law made by legislatures (statue law)!
-Statue: “a written law of a legislative body, i.e and Act of Parliament.” !
In the Canadian federal system, laws can be passed by federal and provincial
legislators!
There are both federal and provincial statues in Canada!
Before it becomes a statue, an act proceeds through the legislator in the form of a
bill!
-Sources of law included custom, morality and precedent !
-English common law grew out of customary law & stature law developed from the
common law!
-The shift from custom and precedent (the common law) to statues as sources of law
was the growing complexity of society and its legal problems!
-Common law deals with changing social or legal conditions only as they emerge in
actual disputes; it cannot anticipate them!
Its response to new situations is built up case by case!
The common law is at disadvantage in confronting rapid social change!
Legislation is better for accommodating social change!
-Statues deal in generalities and aect broad classes of persons and can be enacted
in anticipation of future events!
Specific cases do not need to arise first for statues!
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find more resources at oneclass.com
find more resources at oneclass.com
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