The Law for Family Matters: Difference between revisions
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The common law of Canada is hundreds of years old and has its roots in England, in the ''curia regis'' established by King Henry II in 1178 and in the court of common pleas established by the Magna Carta in 1215, although really the oldest cases we are likely to refer to are from the 1800s. The common law is developed by the courts as they deal with each case, following a legal principle known by its Latin name, ''stare decisis''. Under this principle, a court dealing with a particular kind of problem is required, usually, to follow the decisions of previous courts that dealt with the same sort of problem in the same sort of circumstances. Court decisions are sometimes called "precedents" or "precedent decisions" because of the ''stare decisis'' principle. | The common law of Canada is hundreds of years old and has its roots in England, in the ''curia regis'' established by King Henry II in 1178 and in the court of common pleas established by the Magna Carta in 1215, although really the oldest cases we are likely to refer to are from the 1800s. The common law is developed by the courts as they deal with each case, following a legal principle known by its Latin name, ''stare decisis''. Under this principle, a court dealing with a particular kind of problem is required, usually, to follow the decisions of previous courts that dealt with the same sort of problem in the same sort of circumstances. Court decisions are sometimes called "precedents" or "precedent decisions" because of the ''stare decisis'' principle. | ||
Think of it like this. A long time ago, someone sued someone else for riding a horse onto his potato field without being invited. The court decided that you shouldn't be free to enter onto the property of another unless you | Think of it like this. A long time ago, someone sued someone else for riding a horse onto his potato field without being invited. The court decided that you shouldn't be free to enter onto the property of another unless you were invited to do so, and found that the rider had ''trespassed''. Someone else riding a different horse onto a different field would be found liable for trespass based on the principle established by the first court. The first case was a precedent for the court's decision in the second case. | ||
===The common law and government=== | ===The common law and government=== | ||
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These books are available in some public libraries (the website [http://www.worldcat.org WorldCat] <span class="noglossary">will</span> tell you if a library near you has copies) or at a branch of [http://www.courthouselibraries.ca Courthouse Libraries BC]. | These books are available in some public libraries (the website [http://www.worldcat.org WorldCat] <span class="noglossary">will</span> tell you if a library near you has copies) or at a branch of [http://www.courthouselibraries.ca Courthouse Libraries BC]. | ||
Legal research can be terribly complex, partly because there are so many different reporters and partly because there are so many cases. In fact, legal research is the subject of a whole course at law school. You can get some help from the librarians at your local courthouse law library or university law library, all of whom are really quite helpful. In fact, the law library at UBC has a research desk that can help with certain limited matters. You might also consider hiring a law student to plough through the law for you, and the law schools at UBC, the University of Victoria and Thompson Rivers University <span class="noglossary">will</span> have job posting boards where you can put up a note about your needs and contact information. If all else fails, or your issue is really complex, try hiring a professional legal researcher. | Legal research can be terribly complex, partly because there are so many different reporters and partly because there are so many cases. In fact, legal research is the subject of a whole course at law school. You can get some help from the librarians at your local courthouse law library or university law library, all of whom are really quite helpful. In fact, the law library at UBC has a research desk that can help with certain limited matters. You might also consider hiring a law student to plough through the law for you, and the law schools at UBC, the University of Victoria and Thompson Rivers University <span class="noglossary">will</span> have job posting boards where you can put up a note about your needs and <span class="noglossary">contact</span> information. If all else fails, or your issue is really complex, try hiring a professional legal researcher. | ||
As part of its mandate, the Legal Research section of the Canadian Bar Association, BC Branch, maintains a list of freelance research lawyers, which is reproduced on [http://www.courthouselibrary.ca/clientservices/researchers.aspx Courthouse Libraries BC's website]. | As part of its mandate, the Legal Research section of the Canadian Bar Association, BC Branch, maintains a list of freelance research lawyers, which is reproduced on [http://www.courthouselibrary.ca/clientservices/researchers.aspx Courthouse Libraries BC's website]. | ||