Chapter 2 - Types of Law Flashcards
What type of system of Law is employed in Canada
Bijural System - with Common and Civil in QB
Where might we find Common Law in QC
Quebec employs civil law for all private maters, and common for public matters like the criminal system and federal areas.
Is All fo Canada a Bijural system?
No, only QB is Bijural, but then this makes Canada a Bijural country.
How would you define ‘Common Law’
system of law based on English legal traditions, that relies on precedent rather than on codified rules.
What was the court of Chancery
English court, existing seperate from common law courts, established to provide equity.
adjudicate justice outside of the writ system.
Equitable justice
How were decisions in Court of Chancery based and what made it different?
Decisions based on Equity - based on fairness adn provididng relief from the rigid procedures that had evolved under common law couts.
Explain the concept of “Star Decisis”
‘To Stand by Decided Matters”
this is the cornerstone of common law. that Precidence reigns. Cases that are alike, should be treated alike.
In Canada, are decisions from other provinces binding, in terms of precedent?
No…. each province is considered separate jurisdiction; decisions from other provinces are therefore not binding but can be persuasive.
SCC decisions are always binding.
Explain the Adversarial System
A key part of the Common Law system, where the primary responsibility of presenting the case lies with opposing litigants and not with the Judge presiding over the case.
Describe Civil Code
Civil code is authoritative legislative encoding of a country’s private law.
it is an authoritative statement of rules regulating the conduct of a particular society.
judges must consult the civil code and decide the case in accordance with the code’s general principles.
What is Corpus Juris Civilis?
Emperor Justinian most extensive code for Roman Law - which laid the ground work for European Civil Law.
concerned Roman citizen’s private rights and obligations.
it was Justinian’s Code
The Civil Code of Quebec (1994) comprises how many books on Private Law
10 Books
What is a Key differentiator of Civil Law (vs Common Law)
The Judge plays a more active role in cases. Acting as Inquisitor.
Interpretation of civil code is influenced more by scholars than by judges.
Which system of Law is most prevalent in the world? Common or Civil?
Civil Law is most common around the world - more so than common law.
What are 4 Key Features of Civil Law
- Authoritative Law - set in codes
- Judicial decisions are not binding (no formal recognition of precedent)
- Court Process is Inquisitorial system
- Scholarly writings can have significant weight when interpreting civil codes.
