Difference,between,Common,Law, law Difference between Common Law and Civil Law in Canada
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
TheCanadian legal system in every province except for Quebec is based on the British common lawsystem. The Quebecprovince retains a civil system for issues of private law, however both ofthese legal systems are subject to the Constitution of Canada. Inside thecommonwealth system everything is divided into areas like criminal law or civillaw. It this article we will examine the Civil Law area and the Common Law areain Canada. Common lawCanada belongs to a group of common lawcountries, so Canadian law adheres to the doctrine of stare decisis. In thissystem all the lower courts are bound by the decisions of higher courts andmust follow it. But this works only inside one province, lower courts from twodifferent provinces are not bound by each others decisions. The decisions madeby a province's highest court like the Court of Appeal, nevertheless are consideredas "persuasive" even though they are not binding on other provinces.There is also the Supreme Court of Canada that authority to bind all courts inthe country with a single ruling. If a there is a little or no existingCanadian decision on a legal issue it is possible that the court will look to anon-Canadian legal authority for reference. Most often the decisions on othercommonwealth countries like the U.S.and Englandare utilized. While the decisions of English higher courts like the EnglishCourt of Appeal are respected and these courts are considered the be persuasiveauthority, many of the constitution or privacy related issues are solved basingon the decisions of United States courts, because the there is a much greaterbody of jurisprudence in U.S. law than English law in these areas. Canadiancourts are also particularly bind with the decisions of the House of Lords madebefore 1867, but practice shows that most of these decisions were overturned bythe Canadian Supreme Court or simply not considered serious by any of theCanadian lower courts. Civil lawCivil Lawin Canadainvolves numerous areas of law that contain disputes between parties(individuals, corporations and government). In such disputes parties seek remediesfrom the court in contractual matters, tort disputes, and property law cases.Civil Law is opposed to Criminal law that is typically enforced by thegovernment, while the civil law, may be enforced by private parties. In CanadaCivil Law also includes a growing sphere called Administrative Law, which dealswith things like federal and provincial administrative tribunals, includinglabour boards, human rights tribunals, and workers' compensation appealtribunals. These decisions still can be reviewed by superior courts like theFederal Court Trial Division or the Federal Court of Appeal. Also Civil Lawcontains the Municipal Law area that covers jurisdiction of the provinciallegislatures (that naturally varies from province to province). Established bythe Supreme Court of Canada, the Charter of Rights and Freedoms applies to theactivities of municipal governments. For moreinformation regarding Kelownalawyers, Quebec Lawyers,Calgary Lawyers and Legalinformation pleasevisit: www.lawyerahead.ca
Difference,between,Common,Law,