2. Common law as opposed to statutory
law and administrative/regulatory law
 Connotation 1 distinguishes the authority which promulgated a law. For example,
most areas of law in most Anglo-Americanjurisdictions include: "statutory law",
enacted by a legislature; "regulatory law", promulgated by executive
branch agencies pursuant to delegation of rule-making authority by the
legislature; and common law or "case law", i.e., precedent-setting decisions
issued by courts(or by quasi-judicial tribunals within agencies).[14][15] This first
connotation can be further differentiated into:

3.  Pure common lawarising from the traditional and inherent
authority of courts to define the law, even in the absence of an
underlying statute. Examples include most pre-20th
Century criminal law and procedural law, plus most
modern contract law and the law of torts.interstitial common
lawconsists of court decisions which analyze, interpret and
determine the fine boundaries and distinctions in the law that is
promulgated by other bodies. This body of common law includes
judicial interpretation of the Constitution, legislative statutes,
and/or agency regulations, and involves the application of law to
the specific facts of a matter.

4. Ontario
Ontario is one of the ten provinces of Canada,
located in east-central Canada. It is Canada's most
populous province by a large margin, accounting for
nearly 40% of all Canadians, and is the second
largest province in total area.

5. Ontario has grown, from its roots in Upper Canada, into a
modern jurisdiction. The old titles of the chief law officers, the
Attorney-General and the Solicitor-General, remain in use.
They both are responsible to the Legislature. The Attorney-
General drafts the laws and is responsible for criminal
prosecutions and the administration of justice, while the
Solicitor-General is responsible for law enforcement and the
police services of the province.

6.  The common law requires an abundance of case
law precedent to evolve over time into a fact rich
legal framework for purposes of the law’s
evolution. This is because the common law,
unlike statutory law, is supposed to evolve over
time.

7.  Judicial precedents and overruling of them
Judicial precedent means a judgment of a court of law cited as an
authority for deciding a similar set of facts; a case which serves as
authority for the legal principle embodied in its decision. A judicial
precedent is a decision of the court used as a source for future
decision making.The decision or judgement of a judge may fall into
two parts: the ratio decidendi (reason for the decision) and obiter
dictum (something said by the way).
The principles of Binding Precedent apply only when the
facts must be sufficiently similar and the court must be
more senior or on the same level.

8.  It is only the ratio decidendi (the legal reasoning or ground for the
judicial decision) which is binding on later courts under the system of
judicial precedent. A higher court can overrule a decision made in an
earlier case by a lower court eg. the Court of Appeal can overrule an
earlier High Court decision. Overruling can occur if the previous court
did not correctly apply the law, or because the later court considers that
the rule of law contained in the previous ratio decidendi is no longer
desirable.
The overruling is retrospectively except as regards matters that
are res judicata or accounts that have been settled in the
meantime.

9.  The Apex Court or any superior court cannot allow itself to be
tied down by and become captive of a view which in the light of
the subsequent experience has been found to be patently
erroneous, manifestly unreasonable or to cause hardship or to
result in plain iniquity or public inconvenience. The Court has to
keep the balance between the need of certainty and continuity
and the desirability of growth and development of law. It can
neither by judicial pronouncements allow law to petrify into
fossilised rigidity nor can it allow revolutionary iconoclasm to
sweep away established principles.
 On the one hand the need is to ensure that judicial
inventiveness shall not be desiccated or stunted, on the other it
is essential to curb the temptation to lay down new and novel
principles in substitution of well established principles in the
ordinary run of cases and the readiness to canonise the new
principles too quickly before their saintliness has been affirmed
by the passage of time. It may perhaps be laid down as a broad
proposition that a view which has been accepted for a long
period of time should not be disturbed unless the Court can say
positively that it was wrong or unreasonable or that it is
productive of public hardship or inconvenience.

10. The common law evolves to
meet changing social needs and
improved understanding
 The common law requires an abundance of case law precedent to
evolve over time into a fact rich legal framework for purposes of the
law’s evolution. This is because the common law, unlike statutory
law, is supposed to evolve over time.
The common law is more malleable than statutory law. First,
common law courts are not absolutely bound by precedent, but can
(when extraordinarily good reason is shown) reinterpret and revise
the law, without legislative intervention, to adapt to new trends in
political, legal and social philosophy. Second, the common law
evolves through a series of gradual steps, that gradually works out
all the details, so that over a decade or more, the law can change
substantially but without a sharp break, thereby reducing disruptive
effects.

11. Sources of UK Law
 The four principal sources of UK law are
legislation, common law, European Union law and
the European Convention on Human Rights. There
is no single series of documents that contains the
whole of the law of the UK.

12. Common law
 The legal system of
England and Wales is
a common law one,
so the decisions of
the senior appellate
courts become part of
the law.

13. What is it “Quebec”?
Quebec - the first of size and the second of
population Canada’s province. Quebec is the
only province in Canada where the majority
of inhabitants are French Canadians.
Basically it is the descendants of immigrants
who came from France in the 17-18 century.
The immigrants who arrived from Europe in
the 50s of the 20th century was 90% , in
1995, they accounted for only 31.5%.
Immigrants from Asia account for 32% ,from
America's 17% and 15% from Africa.

14. The History of province

15. Quebec’s Law System
 Concept of the legal system in
Quebec means that all
legislative powers, rights and
liberties, political rights and
privileges constitute a legal
state in Quebec. Coexistence
of Anglo-Saxon (in particular,
the common law), and
Romano-Germanic civil law –
is the feature of the legal
system in Quebec, called
biyuralizm. English contract
"Commentaries on the Laws of
England" is the main
theoretical basis for
understanding the use of
customary law. However, the
Civil Code of Quebec often
refers to the tradition of the
Roman-Germanic legal system
Canada came under British law after the
refusal of the French rights to (1763 ) .
However, throughout the province
continued to be applied equally
landlord tenure system . In 1774, the
British Parliament passed the Act of
Quebec, to restore the old French civil
law for private law and has retained the
English common law for public law ,
including criminal prosecution. As a
result of modern Quebec - one of the
few areas in the world , where two legal
systems coexist .Act of Quebec was
rejected by the English minority ,
believe that British citizens should be
subject of English law . Constitutional
Act of 1791 resolved this dispute by the
formation of Upper Canada west of the
Ottawa River (where operated English
common law) and Lower Canada (along
the St. Lawrence River (where civil law
was retained) .

16. Roman law  Roman law, as revealed
through ancient legal
texts, literature, papyri,
wax tablets and
inscriptions, covered
such facets of everyday
Roman life as crime and
punishment.
 Law became multi-
faceted and flexible
enough to deal with the
changing circumstances
of the Roman world,
from republican to
imperial politics, local to
national trade, and state
to inter-state politics.

17. Sources of Roman Law
 Twelve Tables ;
 Statutes (leges);
 senatorial decrees ;
 decided cases ;
 Custom;
 edicts from
theEmperor,
magistrates

18.  Initial reception of English common law into new colonies,
and adoption of common law on decolonization.
The territorial evolution of the British Empire is considered to have begun with the
foundation of the English colonial empire in the late 16th century. Since then, many
territories around the world have been under the control of the United Kindom or its
predecessor states.
Sir William Blackstone described the process by which English common law
followed English colonization in the way that if an 'uninhabited' or 'infidel' territory
is colonized by Britain, then the English law automatically applies in this territory
from the moment of colonization; however if the colonized territory has a pre-
existing legal system, the native law would apply until formally superseded by the
English law, through Royal Prerogative subjected to the Westminster Parliament.

19.  A number of countries ("dominions") within the British Empire gained
independence in stages during the earlier part of the 20th century. Much of
the rest of the Empire was dismantled in the twenty years following the end
of the SecondWorldWar, starting with the independence of India
and Pakistan in 1947.The last significant territory to pass from under British
control was Hong Kong, which was handed over to China in 1997.

20.  As colonies gained independence from Britain, in most
cases the newly independent countries adopted English
common law precedent as of the date of independence
as the default law to carry forward into the new nation, to
the extent not explicitly rejected by the newly freed
colony's founding documents or government.

22. In the late 800s, Alfred the Great assembled the Doom book, which
collected the existing laws of Kent, Wessex, and Mercia, and attempted to blend
in the Mosaic code, Christian principles, and Germanic customs dating as far as
the fifth century.

23. In 1154, Henry II became the first Plantagenet king. Henry institutionalized
common law by creating a unified system of law "common" to the country
through incorporating and elevating local custom to the national, ending local
control and peculiarities, eliminating arbitrary remedies and reinstating a jury
system—citizens sworn on oath to investigate reliable criminal accusations and
civil claims.

24. Henry II developed the practice of sending judges from his own central court
to hear the various disputes throughout the country.
In time, a rule, known as stare decisis (also commonly known as precedent)
developed, whereby a judge would be bound to follow the decision of an earlier
judge.
Judge-made common law operated as the primary source of law for several
hundred years, before Parliament acquired legislative powers to create statutory
law.

25. Reception in Canada
The Canadian colonies received the common law
and English statutes under Blackstone's
principles for the establishment of the legal
system of a new colony. In five of the Canadian
provinces, English law was received
automatically, under the principle of a settled
colony inheriting English law. In the other five
provinces and the three territories, reception was
governed by reception statutes. The reception of
English law occurred long before Canada
became fully independent, and reception statutes
in Canada were not part of the decolonisation

26.  When Canada achieved formal
independence with the passage of the
Canada Act 1982, no reception
statutes were necessary for the
decolonialisation process. English law
had already been received in the
various Canadian provinces and
territories by legislation and judicial
decisions over the previous two
centuries.

27. Judiciary(Common-
law court system)

28.  Anglo-American common law traces its roots to the
medieval idea that the law as handed down from the
king's courts represented the common custom of the
people. It evolved chiefly from three English Crown
courts of the twelfth and thirteenth centuries: the
Exchequer, the King's Bench, and the Common Pleas.
 These courts eventually assumed jurisdiction over
disputes previously decided by local or manorial
courts, such as baronial, admiral's (maritime), guild,
and forest courts, whose jurisdiction was limited to
specific geographic or subject matter areas.
Common-law courts base their decisionson prior judicial
pronouncements rather than on legislativeenactments.Where a
statutegoverns the dispute,judicialinterpretationof that statute
determineshow the law applies.

29. There two courts of trial and two courts
of appeals for criminals proceedings
The courts of trial are
The Magistrates’ Court of Appeal
The House of Lords.
The court of appeal are
 The Court of Appeal
 The house of Lords

30. The Magistrates’ Court
 Virtually all criminal cases start here
 Deals with summary offences
 Has limited powers of penalty but may
commit a convicted offender to the
crown Court if it is considered that the
powers of the Magistrates’ Court are
insufficient
 Approximately 95% of all prosecutions
are dealt with in Magistrates’ Court
The Crown Court
• Is the senior court of trial for criminal
offences
• The courts are establishedat various centres
throughoutthe country
• The courts are presided over by eithera High
Court judge ? Circuit Judge or Recorder who
sits with a jury

31. Court of Appeals

32. Common law as a foundation
for commercial economies
The reliance on judicial opinion is a strength of
common law systems, and is a significant
contributor to the robust commercial systems in
the United Kingdom and United States.