Chapter 2 Flashcards
What happened when each province joined Confederation
They were allowed to chose their legal system
Where do most people initially look fro law
The Common Law System
Here did Common Law find laws?
From travelling courts (foreign laws), Roman law, church law, and merchant law
What is Ratio Decidendi?
A general statement or idea drawn from a case that can be applied to other, similar cases
What is Obiter Dicta?
A digression from the judge after the decision has been made
What is distinguishing the case?
Finding key points to set cases apart and define the cases
Highest court of appeal in Canada?
Supreme Court of Canada
Highest court of appeal in BC?
The BC Court of Appeal
Other court in BC?
BC Provincial Court
Advantage of following precedent
Consistency
Disadvantage of following precedent
Changing values, not always the right answer
How are decision recorded?
Publicly
Source 2 of law
Equity - is it fair?
Source 3 of law
Statute law
What is statute law?
Laws passed by governments
