Please read the text and help me answer those 5 questions

1. Define the following words: precedent, bijural, federation, statute, regulation.
2. What is common law? Describe an advantage of the common law system.
3. Explain your understanding of the two (2) meanings of "civil law."
4. Describe the process through which a bill becomes a law.
5. What is the difference between an Aboriginal right and a treaty right? What is the same?

Let's continue with our inquiry about the origins of law in Canada. Please read the following excerpts from theDepartment of Justice websitecalled

https://www.justice.gc.ca/eng/csj-sjc/just/03.html

"Where our Legal System comes from."

The common-law tradition

Canada's legal system derives from various European systems brought to this continent in the 17th and 18th centuries by explorers and colonists. Although the indigenous peoples whom the Europeans encountered here each had their own system of laws and social controls, over the years the laws of the immigrant cultures became dominant. After the Battle of Quebec in 1759, the country fell almost exclusively under English law. Except for Quebec, where the civil law is based on the French Code Napolon, Canada's criminal and civil law has its basis in English common and statutory law.

Thecommon law, which developed in Great Britain after the Norman Conquest, was based on the decisions of judges in the royal courts. It evolved into a system of rules based on"precedent." Whenever a judge makes a decision that is to be legally enforced, this decision becomes a precedent: a rule that will guide judges in making subsequent decisions in similar cases. The common law is unique because it cannot be found in any code or body of legislation, but exists only in past decisions. At the same time, common law is flexible and adaptable to changing circumstances.

The civil-law tradition The tradition of civil law is quite different. It is based on Roman law, which had been scattered about in many places - in books, in statutes, in proclamations - until the Emperor Justinian ordered his legal experts to consolidate all the laws into a single book to avoid confusion. Ever since, the civil law has been associated with a "civil code." Quebec's Civil Code, first enacted in 1866 just before Confederation and amended periodically, was recently thoroughly revised. Like all civil codes, such as the Code Napolon in France, it contains a comprehensive statement of rules, many of which are framed as broad, general principles, to deal with any dispute that may arise. Unlike common-law courts, courts in a civil-law system first look to the Code, and then refer to previous decisions for consistency.

The two meanings of the civil law

The term "civil law" is used to mean two quite different things, which can be a little confusing at first for people trying to understand the justice system. Sometimes the term is used in contrast to"common law"to refer to the legal system that is based on a civil code, such as the Justinian Code or the Civil Code of Quebec. In its other sense, civil law refers to matters of private law as opposed to public law, and particularly criminal law, which is concerned with harm to society at large. It is usually clear from the context which type of civil law is intended. The Quebec Act of 1774 made Canada a"bijural"country, one with two types of law. The Quebec Act stated that common law was to be applied outside Quebec in matters of private law, while similar matters in Quebec were to be dealt with under Civil Code law. For public law, on the other hand, the common law was to be used in and outside Quebec.

Aboriginal traditions Aboriginal peoples in Canada have also contributed to our legal system. Aboriginal rights and treaty rights are recognized and protected under the Constitution. Aboriginal rights are those related to the historical occupancy and use of the land by Aboriginal peoples; treaty rights are those set out in treaties entered into by the Crown and a particular group of Aboriginal people. Reserves, for example, are the responsibility of the federal government. Aboriginal customs and traditions have also contributed to new ways of dealing with people, such as healing and sentencing circles, community justice and restorative justice.

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