Sociology 2260A/B Lecture Notes - Lecture 4: Legislative Intent, Plain Meaning Rule, Precedent

• School: Western University
• Department: Sociology
• Course: Sociology 2260A/B
• Professor: Brenda Kobayashi

Document Summary

Quebec"s civil code and code of civil procedures. Quebec is considered a mix system because it is both civil and common law. Civil code is much more detailed because they do not rely on passed decisions. All the rules are laid down in these codes. Doctrine of precedent: judges are bounded by what has already been decided in a higher court. Stare decisis: stand by decided things, advantage being there is a greater predictability of outcomes and greater certainty concerning the application of law. All the provinces except quebec follow it, because quebec reflects french routes and follows the civil law tradition. Common law: there is a reliance on case law. Provincial court is bound by decisions under the ontario court appeal and supreme court of canada. Administrative: does not discuss it in class, the speaker we have talks about it in his talk, no questions on the exam about this one. Occurs from a number of social influences.