Summary: Civl 402 - Law

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  • 1 The Common Law and The Canadian Legal System

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  • What is the history of Common Law?

    - Before 1066, England had a fractured legal and administrative system
    - In 1066, Harold was crowned king and tried to unite segregated law areas
    - William the conqueror killed Harold
    - Became king and appropriated all the land in England
    - Parceled land to nobles who held the land in return for "knight service"
  • What is Common Law? What is stare decisis? What established common law?

    - Body of unwritten laws based on legal precedents established by courts
    -Stare decisis is the legal principle of determining litigation points according to precedent - following past decisions
    - Common law occurred because Anglo-Saxon legal system was unchanged and decisions were made on past cases which was then formalized into common law
  • What was the primary source of law before Parliament acquired legislative powers to create statutory law? Who makes this law?

    - Judge-made common law
  • What is the Adversarial System?

    - Legal system used in common law countries where advocates represent their case before a jury
  • Who brought trial by battle?

    - The Normans
  • What is the Magna Carta? What did it entail?

    - Royal charter of rights agreed by King John
    - Limits on royal authority - monarch is not above the law
    -  Protection from illegal imprisonment
    - Limitations on payments to the crown
  • What does the Magna Carta have to do with the law of Canada? What is the exception?

    - English law was recieved by Canada as a British colony
    - Quebec is the exception - follows Civil Code
  • What is a Federal System? Why was it adopted in Canada?

    - Power to create and enforce laws shared between provincial government and federal government
    - Created bc of administrative problems of prevailing English Law
  • What is the British North American Act?

    - Created a federal system and the operation of the government of Canada including its federal structure
    - federal system is when power to create laws is split between provincial and federal governments
  • What law is most relevant to Engineers? Are these laws Federal or Provincial?

    - Property and civil rights - contracts, torts, lien legislation
    - These laws are Provincial therefore there is variation between provinces

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