L2: Sources of Law Flashcards
what is the common law legal system?
body of law evolved through judicial decisions of the courts
- based on precendent
where does the common law system originate from?
england.
- discovered in customs/traditions of the common people.
characteristics of the common law system
FAIRNESS: like treated alike
CONSISTENCY: some assurance that there’s rationale behind decision
PREDICTABILITY: likelihood that case will have outcome similar to those of similar cases
define law (textbook)
law is the body of rules that can be enforced by the Courts and other Gov’t agencies
law defined by prof
law is a body of rules, made by gov’t and the courts and having binding legal force
2 primary sources of Canadian Law
statute law (legislation) formal enactment of legislative body
common law (judgement, case law, precedent): derives and develops through judicial decisions
4 categories of law
- substantive law
- procedural law
- public law
- private law
what is substantive law?
rules that govern behaviour and sets limits on conduct
what is procedural law?
how rights + obligations are enforced
- usually legislative
- rights, how proceedings go in legal system
what is public law?
regulates our relationship with government
- legal issue where at least one party is gov’t
what is private law?
regulates personal, social and business relationships
- no gov’t involvement
- most often litigation
whether law is “binding” depends on..? (6)
- geographical jurisdiction (country, province, municipal - can restrict )
- level of court the precedent comes from
- also whether decision has been reversed/overturned by higher court
- similarity of facts/legal issues is similar to precedent
- whether case can be distinguished by significant element
- whether decision is overruled by legislation
order of Canada’s court systems from highest to lowest
SCC (judge panel votes)
Provincial Court of appeal (hears appeal, bound by SCC, binding on rest)
Provincial Superior court (Queens Bench- trial, binding in Ab only, bound by above)
Provincial courts - (lowest court, 4 divisions, not binding, no juries)
what are 4 divisions of provincial court?
civil
family
criminal (less serious)
youth
what is a persuasive precedent?
not compelled to decide the same way, but give it due consideration.
