a system of law made up of principles and rules of action based uon the ancient customs and usages of the people of a nation that have been rexognized, affirmed, or enforced by the courts
- includes both common law and equitbale pricniples and rules found in judical decisions
- uniformity created as a result of stare decisis
Let the former decision stand
the court, rather than granting damages in lieu of performance, orders that the terms of the contract be carried out by the party in defualt
- laws passed b federal, provincal and municipal governments
- federal and prvoicnal powers foudn in the constituation
- municial power carved out of of prvincial power
- used to change the common law or to create rules in areas untouched by the common law
Law that deals with disputes between two or more individuals
No direct concern to the state
contracts, agency and tort law are civil law matters
the law that regualtes disputes between idivdual and the public as a whole
abritration, after reviewing the evidence and arguemtns from the parties will make a bindicng deciosn
meditator, works to assist hte parties to acheive a consensual binding agreement themselves
- 2 years
- begins the day the claim is discovered
- ULP of 15 years (ultimate limitation period)
- if defendnet acknowlseds liabilty then both liiation periods are reset to begin date of acknowledgement
private law
To abide by prior decisions and not to disturb the doctrine of the courts that, when the court has once laid down a principle of law applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases where the facts are substantially the same, regardless of whether the parties and property are the same.
the concept of justice being administered by the Courts according to fairness, as contrasted with the strictly formulated rules of common law. In law, the term "equity" denotes the spirit and habit of fairness, justice, and right dealing which would regulate interaction of person with person.
appear before a judge to argue that there are legal or factual errors in the trial judge's order
stare decisis
(1) General, applying to all persons within the jurisdiction;
(2) local, applying to a geographical area;
(3) special, relating to an organization or authority charged with a public interest.
the process of commencing proceedings to collect an amount owing by reason of judgment
specific performance
common law
public law
If a potential defendant acknowledges liability , the ULP is reset to begin on the date of acknowledgement
commenicng proceedings, such as seizing and selling a judment debtors assess to collect an amount owing by a reson of a judgement
trial courts, in which all evidence is presented