Law 2101 Lecture Notes - Lecture 2: Precedent, Primary And Secondary Legislation, Obiter Dictum

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

What is law: the publicly prescribed rules that we must follow, failing which we may suffer some adverse consequence, a reflection of the common values of society (morals, the process by which disputes are resolved. Federal government: can make laws that apply across the country, authorized to make laws matters assigned to the constitution act. 1867: also technically responsible for government of the territories, provincial governments, laws only apply within the province, authorized to make laws representing matters assigned to it by the constitution act. 1867: municipal governments, laws only apply within the municipality, authorized to make laws only respecting matters assigned to it by provincial government, aboriginal governments. Judges: not elected-appointed, make law in the course of resolving specific disputes, do not (usually) make up law, guided by precedent, principle, statute and constitution. Statutes and regulations: published in hard copy and also available online, case law, sometimes published in hard copy or online.