YATES_9TH_CHAPTER_2 - CHAPTER 2 INTRODUCTION CHAPTER TO THE...

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1 CHAPTER 2 – INTRODUCTION CHAPTER 2 – INTRODUCTION TO THE LEGAL SYSTEM: TO THE LEGAL SYSTEM: A. DEFINITION OF LAW - the body of rules which can be enforced by the courts or by other government agencies
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2 B. B. CATEGORIES OF LAW CATEGORIES OF LAW : : Substantive law Procedural law Public law Private law
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3 C. C. SOURCES OF LAW SOURCES OF LAW : : a. JUDGE MADE LAW - COMMON LAW b. STATUTE LAW - federal parliament and provincial legislatures c. SUBORDINATE LEGISLATION Rules and regulations based by government departments and agencies
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4 D D STARE DECISIS - SYSTEM STARE DECISIS - SYSTEM OF PRECEDENT OF PRECEDENT Principle of law in which judges are required to follow the decision made in a similar case in a higher court in the province or the Supreme Court of Canada. Advantages : provides consistency and then predictability Disadvantages: Must follow the decision even if they do not like the result Social attitudes have changed. Does it create inflexibility? a judge may avoid applying precedent by distinguishing the facts
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5 F. F. CONSTITUTIONAL CONSTITUTIONAL FRAMEWORK FRAMEWORK : : Parliamentary Supremacy – Laws passed by Parliament/Legislative cannot be overridden by any other body or institution such as the Courts The Court cannot question the wisdom of parliament/legislature.
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This note was uploaded on 07/13/2011 for the course BUSI 1110 taught by Professor Vasilez-something during the Spring '09 term at Kwantlen Polytechnic University.

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YATES_9TH_CHAPTER_2 - CHAPTER 2 INTRODUCTION CHAPTER TO THE...

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