Law 2101 Chapter Notes - Chapter 1: Mischief Rule, Statutory Interpretation, Glanville Williams
Document Summary
Introduction to the legal system: sources and divisions of law, sources of law. Most common sources of law: the constitution, statutes enacted by the federal parliament or a provincial legislature, federal or provincial regulations, the decisions rendered by judges in the cases they decide. Law made by the courts=common law or case law. Federal &provincial statutes in canada: before it becomes a statute, an act proceeds through the legislature as a bill. Shift from common law to case law due to the complexity of society &legal problems: common law can"t anticipate disputes, and must respond to new situations, statutes deal in generalities, so specific cases need not arise first. Legislatures provide a general framework, so cabinets are responsible for filling in the details. More detailed laws=delegated legislation, or regulations: deal with both routine matters &issues of major importance, regulations are enacted by the cabinet acting as governor-in-council.
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