Introduction to Law in Canada Notes 1

Introduction to Law in Canada Notes 1 - Notes Subject Intro...

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Notes: October 10, 2017 Subject: Intro to Law Canada has a Bijural System , which means two legal systems in one country 1. Common Law Judge-made law 2. Civil Law Code- made law; Paralegals don’t practice this law except in Quebec History of Law in Canada: 410 AD to Present 410 AD Romans leave England; Latin stays in law Examples: o Ignorantia juris non excusat ‘Ignorance of the law does not excuse’ – i.e. no defence against criminal or other proceedings arising from its breach o Quasi Similar to o Ergo - Therefore o Note bene ‘Note Well’ – Important 5 th to 10 th centuries Barbarians come to England Saxons, Angles, Jutes Trial con sisted of going through “ordeal,” such as: o Holding a scalding hot iron bar or walking on hot coals if in a few days, your wounds have not healed, you will be sentenced to death by hanging. o Trial by combat to settle accusations, the accused and accuser choose their respective representatives, oftentimes a soldier or fighter, to fight in a battle wherein the winner was proclaimed to be right. Saxons initiated the use of a jury , which is composed of 12 people to listen to before the judge passes judgment. Another form of hearing troubles at that time was called Oak Tree Justice , wherein the chieftain sits under the tree and branches and leaves surround him, forming a circle. Only those who have concerns can enter this circle. o This is still practiced to this, where the audience or those who do not have any legal capacity regarding the case stay in the Gallery and only the parties stay inside the Well. The Judge stays elevated on a podium, and can only be approached upon request and his permission.
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Peasants Serfs 1066 AD Normandy William the Bastard invades England and later on became known as William the Conqueror or William I William I o The Father of English Law o Created a uniform system of law o
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  • Fall '17
  • Law, Common Law, Ontario Court of Appeal, Superior Court of Justice, Ontario Court of Justice

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