+ Classifying Law. + Sources of Canadian Law Common Law – from previous legal decisions Also called case law because sources include judge’s decisions.

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Presentation transcript:

+ Classifying Law

+ Sources of Canadian Law Common Law – from previous legal decisions Also called case law because sources include judge’s decisions Constantly evolving as judges make new decisions and decisions are based on similar case outcomes (stare decisis) Distinguishing a Case – identifying a case as different from previous cases to warrant a different decision.

+ Sources of Canadian Law Statute Law – from elected officials Passed in the form of acts and become statutes Can override the previous common law When a judge interprets and applies a statute, that decision sets a precedent. Lower courts need to follow this precedent.

+ Categories of Statute Law Federal Government Has the jurisdiction (ability to pass an enforce laws) over criminal law, banking and currency, marriage and divorce, etc. Provincial Government Has the jurisdiction over laws affecting hospitals, police forces, highways and roads, etc. Local Governments Make bylaws dealing with local issues Aboriginal Governing Structures Established under the Indian Act and have some authority to make bylaws that apply to their band.

+ Sources of Canadian Law Constitutional Law – from the Canadian Constitution A body of law that deals with the distribution and exercise of government powers (provincially and federally) Limits the powers of government by setting out certain basic laws, principles, and standards all other law must adhere to. Overrides all other types of law.