Textbook Notes (363,233)
Canada (158,276)
York University (12,359)
ADMS 2610 (76)
Sam Ling (7)
Chapter 1

Elements of Law - Chapter 1 - The Law and the Legal System

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York University
Administrative Studies
ADMS 2610
Sam Ling

Lecture 1Elements of LawADMS 2610LingPart 1Chapter 1The Law and the Legal SystemThe Law and the Legal SystemSources of lawConstitution and the charter of rightsClassification of lawsCommon LawCustomary law o Religious lawso Community based PreNorman England o Roman law followed by Germanic influence to the Norman conquest in 1066 Common LawRise of the CourtsNorman England o Power consolidated with the King and the Kings justices o Central judiciary established under King Henry IIBeginning of the precedent system of common law Written records began to be keptSources of LawCommon lawo Law as found in the recorded judgments of the courts known as case law o Statutes are laws based by a properly constituted legislative bodygovernmento Judicial interpretation and application of statute law creates case lawStare DecisisLatin phraseto let a decision stand applies if decision o From the judges own courtpersuasiveo From a court of equal rankpersuasive o From a court of higher rankbindingThis is a basic judicial principle that judges in lower courts must follow higher court direction when dealing with similar facts and issuesCommon Law
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