LGLS 1000U Lecture Notes - Lecture 2: Ratio Decidendi, Precedent, Quebec Act
Document Summary
Centered around the earth and natural world. Rules developed from abstract principle reflected in code. Codes aim to create a regulatory framework for a given area of lae. Roman emperor justinian codified law in sixth century ce. Reliance on judicial decisions as the primary method of law creation. Judges gradually departed from applying local custom and developed common rules. Wide variation, but tend to share the following characteristics: Sources include creation teachings, observations from nature, proclamation, deliberation, local custom. Control over quebec was transferred to britain following french defeat. Quebec resisted assimilationist measures, leading to the quebec act, Quebec"s private law follows french civil tradition. Quebec"s public law follows a common law approach, and courts follow british system. Quebec judges are not bound to follow previous decisions, but tend to refer to them. Courts interpret and apply law, but also develop legal principle. Precedent - based system, according to principle of stare decisis.
