2,667
edits
Difference between revisions of "Understanding the Legal System for Family Law Matters"
From Clicklaw Wikibooks
Understanding the Legal System for Family Law Matters (view source)
Revision as of 01:24, 1 April 2013
, 01:24, 1 April 2013→The common law
Drew Jackson (talk | contribs) |
|||
| Line 70: | Line 70: | ||
The court has had to decide what "as is consistent with the best interests of the child" means when applying this section. | The court has had to decide what "as is consistent with the best interests of the child" means when applying this section. | ||
Unlike the laws made by governments, which are written down and organized, the common law is more of a series of principles and legal concepts which guide the courts in their process and in their consideration of each case. These ideas are not organized in a code or regulation. They are found in | Unlike the laws made by governments, which are written down and organized, the common law is more of a series of principles and legal concepts which guide the courts in their process and in their consideration of each case. These ideas are not organized in a code or regulation. They are found in case law, judges' written explanations of why they have decided a particular case a particular way. | ||
The common law provides direction and guidance on a wide variety of issues, such as how to understand legislation, the proper interpretation of contracts, the test to be applied to determine whether someone has been negligent, and what kinds of information can be admitted as evidence at trial. However, unlike legislated laws, the common law doesn't usually apply to our day-to-day lives in the sense of imposing rules that say how fast we can drive in a school zone or whether punching someone is a criminal offence. It usually applies when we have to go to court. | The common law provides direction and guidance on a wide variety of issues, such as how to understand legislation, the proper interpretation of contracts, the test to be applied to determine whether someone has been negligent, and what kinds of information can be admitted as evidence at trial. However, unlike legislated laws, the common law doesn't usually apply to our day-to-day lives in the sense of imposing rules that say how fast we can drive in a school zone or whether punching someone is a criminal offence. It usually applies when we have to go to court. | ||
