Source of Law Flashcards
2 sources source of law
Statue Law
Common Law
What does common law remedy?
Damages
What is Equity (Real Estate Term)?
Spirit & Habit of fairness, justness, right dealing
4 Characteristics of Common Law
- Hierarchy of the courts
- Stare Decisis - let the former decision stand
- Statute > Equity > Common (Order of the Court System)
- Rigidity - Firmly established during Tudors and Stuarts
History of Real Property Law (Starting from 1066)
Feudal System
The Normans - William the Conqueror & The Crown
Barons and Knights
Middle Lords
Peasantry - Estate Tenant
2 Source of Law in BC
- Statute Law
2. Common Law
What is Statute Law?
Law passed by Federal & Provincial Goverment in form of Legislation
What are the 3 levels of Government?
- Federal
- Provincial
- Local
What is the Federal law making body called? Give Example
Senates/Parliment - Competition ACT (ACT below to Statute Law)
What is the Provincial law making body called? Give Example
Judicature - Real Estate Services ACT (ACT always belong to Statute Law)
What is the Local law making body called? Give Example
Municipality/ City - Bylaws
What exclusive power does the Federal Government have in passing legislation?
Banking, Currency, Marriage, Divorce, Criminal Matter, Patents, Copyright, Shipping, Fishing, Height of Buildings & Objects Underneath
What power does the Provincial Government have?
Local & Private in Nature Property Rights Civil Rights Municipal institutions Justice Education
What power does the Provincial Government have?
Pass bylaw
Street
Traffic
Local Building
What are the 3 characteristics of Common Law?
- Court-based, Judge-made law
- Doctine of Stare Decisis
- Uniformity is created - decision of higher court is binding to lower court