Tutorial Sept 29

Tutorial September 29th​

Part I. Overview of Selected Systems of Law

Part II. Systems of Law in Canada

Part III. Sources of Law in Canada​

Part I. Overview of Selected Systems of Law

Multiple Choice

What are the 5 systems of law discussed in Chapter 2?

• Chthonic, religious-based, civil, common & socialist

• Socialist, communist, chthonic, civil & common

• Chthonic, religous-based, civil, common & communist

• Chthonic, talmudic, civil, common & socialist

​Systems of Law

​Chtonic legal tradition- "centered around the earth and natural world"

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​Religious-based- Talmudic legal tradition/ Islamic law

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​Civil law- Codes as main source of law

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​Common law- Judicial decisions as primary method of law

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​Socialist- Law functions to promote party ideology

Common vs. Civil Law

Common

• ​legal rules are determined by the types/ timing of cases previously.

• ​courts are at the forefront of creation of laws

​Civil

• ​legal rules are determined are determined by specific codes

• ​instituions other than courts play central role in law creation

Multiple Choice

What system of law does South America practice?

• Customary Law

• Civil Law

• Common Law

• Mixed System

Multiple Choice

What country uses exclusively Muslim Law?

• Algeria

• Pakistan

• Saudi Arabia

• Egypt

Part II. System of Law in Canada

Multiple Choice

What has influenced Canadas law system today?

• First Nations legal traditions, English colonizer traditions & French colonizer traditions

• First Nations legal traditions & English colonizer traditons

• English colonizer traditions, French colonizer traditions & Spanish colonizer traditions

• First Nations legal traditions & French colonizer traditions

Influences on Canadian Law

​First Nations Populations

• ​Many seperate nations, each with their own particular rules, pratices and traditions.

• ​Much smaller influence as settlers considered First Nations uncivilized/ without law.

​Colonizers

• ​ Civil law is prominent in Quebec and not other areas of Canada as that was where the French had colonized.

Part III. Sources of Law in Canada

Multiple Choice

What are the two dominant sources of law in Canada?

• Legislation & Civil Law

• Subordinate Legislation & Legislation

• Legislation & Case Law

• Subordinate Legislation & Case Law

​Legislation & Case Law

Legislation

• Written rules produced​ by state institutions according to formally set processes

• ​Takes form of statutes and subordinate legislation

Case Law

• Rules produced by judicial decisions

Binding & Persuasive Precents

Binding

• ​Those that must be followed

Persuasive

• Court does not have to follow, but may take into account

​Researching, Understanding and Apply Judicial Decisions. pg.32 (2.3)

• ​4 main things a lawyer needs to prepare for arguing a case

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• ​Applies the concepts of stare decisis, ratio decidendi and persuasive/ binding decisions.

Multiple Choice

What is the 1st step?

• Identify main issue(s) in the case at bar

• look for precedents on the issue(s)

• Identify ratios in precedents

• Apply precedents to case at bar

Multiple Choice

What is the 2nd step?

• Identify main issue(s) in the case at bar

• Identify ratios in precedents

• look for precedents on the issue(s)

• Apply precedents to case at bar

Multiple Choice

What is the 3rd step?

• Identify main issue(s) in the case at bar

• look for precedents on the issue(s)

• Identify ratios in precedents

• Apply precedents to case at bar

Multiple Choice

What is the 4th and final step?

• Identify main issue(s) in the case at bar

• Identify ratios in precedents

• look for precedents on the issue(s)

• Apply precedents to case at bar

​​Researching, Understanding and Apply Judicial Decisions

1.​Identify main issue(s) in the case at bar

• ​questions that must be answered to resolve the case

​2.look for precedents on the issue(s)

• ​research if similar issues have been before the courts/ how they were resolved

​3.Identify ratios in precedents

• ​reading and understanding judicial decisions (pratice on pg. 33)

​4. Apply precedents to case at bar

• ​if precedents dont support the wanted outcome, lawyer may distinguish a precedent