Comm. Law 1

• What are the different areas of Canada's legal system?

  Constitution, legislative bodies, Courts and Enforcement (executive functions)
• Why do we need legal systems?

  To determine rights and responsibilities and resolve disputes
• What are the three types of legal systems?

  Civil law, common law, and religious law.
• What are the six countries that follow a common law system?

  United States, United Kingdom, Canada, Australia, New Zealand, and Jamacia.
• What are some examples of countries that follow Civil law?

  Germany, France, China, Russia, Chile, Brazil, Scandinavian countries.
• What is the objective of civil law?

  Objective is to create a code governing all aspects of the law.
• What are some countries that practise religious law?

  Saudi Arabia, Iran, and some other countries, but only to certain degrees.
• What are three things all systems of law involve?

  Basic Rules, elaborations on those basic rules and a body (or bodies) to interpret those rules and apply them to a specific case.
• What system does common law operate on?

  A system of judicial law-making based on precedent and stare decisis.
• What is stare decisis?

  The legal principle of following precedent. (Judge hears a dispute, comes to a decision, and writes down their decision. This decision is a guideline for future people and judges when seeing this kind of dispute or problem).
• What system does civil law rely on?

  Civil law relies upon a legislated codification of the law:​ Judges only interpret the law, not create it;​ Precedent is less important.​
• What are the five parts of a Common law system in action?

  Rules are not written down in a code.​ To resolve a dispute, look to previous similar cases;​ If sufficiently similar, it should be resolved similarly.​ If the higher court resolved it a certain way, it must be resolved that way.​ To find what is required to form a contract, search previous cases.​
• What are the four parts of the Civil Law system in action?

  Rules are written down in a code.​ To resolve a dispute, look to the rules in the code and some references to previous cases where ambiguities exist.​The focus is on interpreting the code, not creating the rules.​
• What is the exception that exists within common law systems?

  They do use codification to an extent and they also have legislatures that enact statutes or regulations which, in the normal course, supersede judge-made law.​
• What do courts have to follow (overrides decisions)?

  Statues
• When there is conflict between a statute and the common law, what is followed?

  The statute prevails
• What kind of legal systems do we have in Canada?

  All provinces practise common law, except for Quebec which practices civil law.
• Legal systems exist to administer the law of a particular jurisdiction
• Legal systems include more than just courts, such as the constitution, legislative bodies, courts, and enforcement functions
• Legal systems are needed to determine rights and responsibilities and to resolve disputes between individuals, governments, and individuals and government
• Examples of legal systems include common law, civil law, and religious law
• Many countries have hybrid systems with elements of each existing together
• Common Law was developed in England and influenced by Saxon and Norman legal principles
• Civil Law countries include Germany, France, China, Russia, Chile, Brazil, and Scandinavian countries
• Civil Law is based on Roman law and aims to create a code governing all aspects of law
• Religious Law countries include Saudi Arabia, Iran, and other countries to varying degrees
• Canon law historically used in European countries
• All legal systems involve basic rules, elaborations on those rules, and a body (or bodies) to interpret and apply the rules to specific cases
• Difference between civil and common law:

  <|>Common law operates on judicial law-making based on precedent and stare decisis
• Cases create law that must be followed in subsequent cases
• Decisions by higher courts are binding on lower courts
• Civil law relies on legislated codification of law
• Judges interpret law but do not create it
• Precedent is less important
• In common law, rules for resolving disputes are not written down in a code, while in civil law, rules are written down in a code
• Common law looks to previous similar cases to resolve disputes, while civil law looks to the rules in the code
• Legislatures enact statutes or regulations that supersede judge-made law
• Courts must follow these statutes, and in case of conflict, the statute prevails
• Constitution generally includes:

  • Principles and objectives of political life in society
  • Definition of main institutions of government
  • Division of Powers in a federal state
  • Definition of relationship between government and people, and the rights of citizens
• Canadian Constitution includes:

  • Constitution Act, 1867 (Formerly the British North American Act, 1867)
  • Constitution Act, 1982 which includes the Canadian Charter of Rights and Freedoms