Adms 2610 Notes
ADMS 2610 Law Notes
Ch 1- The Law and the Legal System
The Sources and Components of Modern Canadian Law
The Common Law
Def’n- law found in the recorded judgments of the courts
-everybody abides by it; is written in a book
Statute law- law passed by a legislative body
Stare decisisto let a decision stand
-a judge must apply the previous decision of a case similar to the one before the court if the facts of the two cases are the sme
-adaptability of the Common Law has enabled it to absorb many legal principles, customs and laws from other legal systems and sources
-customs that developed over time have even found their way into the Common Law
-courts have recognized long standing practices in determining the rights of parties at law
Canon Law
-the church originally had jurisdiction over religion, family, marriage, morals and matters relating to the personal property of deceased persons
Def’n- law developed by the church courts to deal with matters falling in their jurisdiction
Law Merchant
-law that related to commerce and trade was incorporated into the Common Law
-merchants initially sold their products at markets and disputes were settled by senior merchants
-decision making become more formal later on, and rules of law gradually emerged relating to commercial transactions
Def’n- rules established by merchants to resolve disputes that arose between them and later applied by
Common Law judges in cases that came before their courts
Equity
Def’n- rules originally based on decisions of the kind rather than the law, and intended to be fair
-are not part of the Common Law, but a body of principles that takes precedence over the Common Law when it conflicts with the rules of equity
Statute Law
-laws that are established by the governing bodies of particular jurisdictions
-statues are the product or end result of a legislative process
-wishes of the people are brought forward for debate in the legislative assembly, and become law if the majority of them believe the law
Ch 1- The Law and the Legal System
The Sources and Components of Modern Canadian Law
The Common Law
Def’n- law found in the recorded judgments of the courts
-everybody abides by it; is written in a book
Statute law- law passed by a legislative body
Stare decisisto let a decision stand
-a judge must apply the previous decision of a case similar to the one before the court if the facts of the two cases are the sme
-adaptability of the Common Law has enabled it to absorb many legal principles, customs and laws from other legal systems and sources
-customs that developed over time have even found their way into the Common Law
-courts have recognized long standing practices in determining the rights of parties at law
Canon Law
-the church originally had jurisdiction over religion, family, marriage, morals and matters relating to the personal property of deceased persons
Def’n- law developed by the church courts to deal with matters falling in their jurisdiction
Law Merchant
-law that related to commerce and trade was incorporated into the Common Law
-merchants initially sold their products at markets and disputes were settled by senior merchants
-decision making become more formal later on, and rules of law gradually emerged relating to commercial transactions
Def’n- rules established by merchants to resolve disputes that arose between them and later applied by
Common Law judges in cases that came before their courts
Equity
Def’n- rules originally based on decisions of the kind rather than the law, and intended to be fair
-are not part of the Common Law, but a body of principles that takes precedence over the Common Law when it conflicts with the rules of equity
Statute Law
-laws that are established by the governing bodies of particular jurisdictions
-statues are the product or end result of a legislative process
-wishes of the people are brought forward for debate in the legislative assembly, and become law if the majority of them believe the law