Law 2101 Lecture Notes - Lecture 1: Supreme Court Of Canada, Deesis, Adversarial System

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

Document Summary

Statues: ( also known as acts made by parliament or a legislature) Broad and broadly applicable rules passed by legislatures. Can be enacted in anticipation of future events. May create a new law or modify an existing one. The detailed rules that refine or further describe broad statutes. Common law/case law: rules laid down by courts and based on decisions resolving particular disputes. Based on stare decisis: the idea that like cases should be decided alike. Course decisions guide the determination of future similar matters by courts. Cannot anticipate social change or new situations (disadvantage in confronting rapid social change) Since the legislation i. e (statues) had so much power, ppl feared legislative tyranny. Ho(cid:449)e(cid:448)er, they do(cid:374)"t deal (cid:449)ith (cid:373)a(cid:374)y te(cid:272)h(cid:374)i(cid:272)alities of the la(cid:449) (cid:271)ut rather pro(cid:448)ide a fra(cid:373)e(cid:449)ork and thus the details must be enacted by the cabinet called delegated legislation. Supreme law of the land in which all other laws must conform.