What is the primary source of Canadian law derived from decisions of English courts called?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The primary source of Canadian law derived from decisions of English courts is known as common law. Common law is a body of unwritten laws based on legal precedents established by the courts. This system emphasizes the role of judicial decisions in shaping the law, which often provides guidance on how statutes should be interpreted and applied.

In Canada, common law principles were inherited from the British colonial system and continue to influence legal proceedings, especially in areas not specifically governed by statutory law. It is fundamental to the functioning of the judiciary, allowing judges to rule based on established precedents and contributing to the consistency and predictability of legal decisions.

Other types of law, such as civil law, statutory law, and constitutional law, each have distinct roles and sources. Civil law refers to a legal system primarily based on written statutes and codifications. Statutory law consists of the laws enacted by legislatures, while constitutional law involves the body of laws concerning the interpretation and implementation of a country's constitution. These distinctions help differentiate common law from other legal foundations in Canada.

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