The system of law originating in England, as distinct from the civil or Roman legislation and the canon or ecclesiastical legislation. Primarily, every country which has been colonised at a while by England, Great Britain, or the United Kingdom makes use of widespread legislation besides those that had been formerly colonised by other nations, corresponding to Quebec (which follows French law to some extent), South Africa and Sri Lanka (which comply with Roman Dutch regulation), the place the prior civil legislation system was retained to respect the civil rights of the native colonists.
I have refuted your notion that common regulation is judge made law quite a few occasions, the issue is you hold onto what you have been taught, as a result of you must. Whereas I supply more proof immediately I can see it’s going to do no good because you refuse to imagine the facts and the truth as a result of it goes in opposition to your worldview on what regulation is or ought to be or pretends to be. The very fact is I’m right.
Courts most frequently apply the rules of widespread regulation marriage in situations the place one accomplice dies with no will and the opposite claims there was a typical regulation marriage so as to inherit property under intestate succession laws.
However inasmuch as new circumstances, and new problems of reality, and even new facts, are continuously arising, the Judges are obliged to apply to them what they take into account to have been the widespread legislation during the entire course of its existence, and subsequently they seem to be laying down a brand new legislation, whereas they are merely making use of old ideas to a new state of facts.
Graduates of law degree applications from exterior Canada, or graduates with a civil regulation degree from a Canadian university who wish to turn out to be licensed to follow in a Canadian common regulation jurisdiction, or need a solid grounding in Canadian widespread law for comparative law purposes.