Sources of Laws

Question 1

What are the 4 types of primary sources?

Answer 1

Religion, Historical Influences, Social & Political Philosophy and customs & conventions.

Question 2

How religions influence the primary sources?

Answer 2

The Christian missioners came to Canada around the 16-17th century, and there were laws to protect Christian special days.

Question 3

What are the 5 Historical Influences on Primary sources?

Answer 3

• Greeks; brought the democratic and jury system
• Romans; brought the codes and the arrangements (first lawyers)
• Aboriginals; had oral laws that have been seen in the U.S. Constitution and Charter of the United Nations.
• Britain; used Trials with Jury, lawyers and innocent till proven guilty and rule of law.
• France; which was under the British empire, uses bitians criminal law however, for civil laws they use France.(cuz Quebec)

Question 4

Social & Political Influencers

Answer 4

Philosophical thinkers have a direct correlation to laws.

Question 5

Customs and Conventions?

Answer 5

These are practices and traditions that are deep-rooted that they become laws.

Question 6

What are Customs?

Answer 6

Customs are things people have bene doing for a long long time before it becomes law. (like the houses not having fences in the beaches to ensure people passing form their property)

Question 7

What are Conventions?

Answer 7

Conventions are the things people do that become unwritten rules.

Question 8

What are the secondary sources?

Answer 8

• These are legally binding laws
• Laws and cases are written down by lawmakers.

Question 9

Who are Law makers?

Answer 9

• Lawmakers are those a part of the parliament and judges who render the legal decisions.

Question 10

What is Hierarchy?

Answer 10

• Hierarchy is a constitution that is at the top, followed by statues, and the court decision is at the bottom.

Question 11

What is a constitution?

Answer 11

• Is the law for lawmakers
• Constitution includes the distribution of government powers and sets legal principles.

Question 12

What are the important ideas of the constitution?

Answer 12

1. Judicial independence; it is the principle that the judges function independently from the government. (their own perceptions)
2. Parliamentary supremacy: The principle that the parliament has the power to make laws representing the citizens.

Question 13

What is the Statue law?

Answer 13

Statue law is the;

• The act of legislation
• the laws are written by the government
• are the rules and regulations the society must follow.

Question 14

The difference between ultra vires and Intra vires?

Answer 14

Ultra vires are beyond the power of and Intra vires are within the power of.

Question 15

What are Court decisions and case law?

Answer 15

Case law is the;

• Judges render written decisions or explanations of their rulings.
• If the decision made in court is precedent, the lower courts must stand by the decision.