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Reception Statute
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law (and in some cases the statute law) before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In '' Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: In other words, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Act 1982
The Canada Act 1982 (1982 c. 11) () is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request. Annexed as Schedule B to the act is the text of the ''Constitution Act, 1982'', in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the ''Canada Act'' itself is also set out in French in Schedule A to the act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof". History Canada's modern political his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Upper Canada
The Province of Upper Canada () was a Province, part of The Canadas, British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of the Province of Quebec (1763–1791), Province of Quebec since 1763. Upper Canada included all of modern-day Southern Ontario and all those areas of Northern Ontario in the which had formed part of New France, essentially the watersheds of the Ottawa River or Lakes Lake Huron, Huron and Lake Superior, Superior, excluding any lands within the watershed of Hudson Bay. The "upper" prefix in the name reflects its geographic position along the Great Lakes, mostly above the headwaters of the Saint Lawrence River, contrasted with Lower Canada (present-day Quebec) to the northeast. Upper Canada was the primary destination of Loyalist (American Revolution), Loyalist refugees and settlers from the United States after the American Revolution, who often were granted la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario
Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it is home to 38.5% of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area of all the Canadian provinces and territories. It is home to the nation's capital, Ottawa, and its list of the largest municipalities in Canada by population, most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast. To the south, it is bordered by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York (state), New York. Almost all of Ontario's border with the United States follows riv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ; , ) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' () enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. The ''Civil Code of Quebec'' governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Lower Canada
The ''Civil Code of Lower Canada'' () was a law that was in effect in Lower Canada on 1 August 1866 and remained in effect in Quebec until repealed and replaced by the Civil Code of Quebec on 1 January 1994. The Code replaced a mixture of French law and English law that had arisen in Lower Canada since the creation of the British Province of Quebec (1763–1791), Province of Quebec by the ''Royal Proclamation of 1763'', as modified by the ''Quebec Act'' in 1774. Before the Code French colonial era From 1608 to 1664, the first colonists of New France followed the customary law () in effect for their province of origin in France. In 1664, the King of France decreed in Article 33 of the decree establishing the French West India Company () that the Custom of Paris in New France, Custom of Paris would serve as the main source of law throughout New France. Later, authorities went on to add ''le droit français de la métropole'', that is, French law. This included royal decrees and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Act
The Quebec Act 1774 ( 14 Geo. 3. c. 83) () was an act of the Parliament of Great Britain which set procedures of governance in the Province of Quebec. One of the principal components of the act was the expansion of the province's territory to take over part of the Indian Reserve, including much of what is now southern Ontario, Illinois, Indiana, Michigan, Ohio, Wisconsin, and parts of Minnesota. The act removed the reference to the Protestant faith from the oath of allegiance, and guaranteed free practice of Catholicism and restored the Church's power to impose tithes. Additionally, it restored the use of the French civil law for matters of private law, except for the granting of unlimited freedom of testation in accordance with English common law; which was maintained for matters of public law, including administrative appeals, court procedure, and criminal prosecution. In Quebec, English-speaking immigrants from the Thirteen Colonies fiercely objected to a variety of its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Proclamation Of 1763
The Royal Proclamation of 1763 was issued by British King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation at least temporarily forbade all new settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is more or less similar to the Eastern Continental Divide, extending from Georgia in the south to the divide's northern terminus near the middle of the north border of Pennsylvania, where it intersects the northeasterly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coûtume De Paris
Old French law, referred to in French as , was the law of the Kingdom of France until the French Revolution. In the north of France were the ''Pays de coutumes'' ('customary countries'), where customary laws were in force, while in the south were the ''Pays de droit écrit'' ('countries of written law'), where Roman law had been paramount. Roughly speaking, the line separating the two areas was the river Loire, from Geneva to the mouth of the Charente, although this was not a firm border between the two categories of law. As worded by George Mousourakis, "in both zones, the law in force also included elements derived from royal, feudal, and canonical sources." ''Pays de coutumes'' In the north existed a variety of customs "with a Frankish-Germanic character." The ''coutumes'' were asserted and enforced under feudalism during the Middle Ages and in the early modern period by the French kings and their vassals, especially in the lands of the Île-de-France, to the exclusion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec
Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast and a coastal border with the territory of Nunavut. In the south, it shares a border with the United States. Between 1534 and 1763, what is now Quebec was the List of French possessions and colonies, French colony of ''Canada (New France), Canada'' and was the most developed colony in New France. Following the Seven Years' War, ''Canada'' became a Territorial evolution of the British Empire#List of territories that were once a part of the British Empire, British colony, first as the Province of Quebec (1763–1791), Province of Quebec (1763–1791), then Lower Canada (1791–1841), and lastly part of the Province of Canada (1841–1867) as a result of the Lower Canada Rebellion. It was Canadian Confederation, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Newfoundland And Labrador
Newfoundland and Labrador is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region of Labrador, having a total size of . As of 2025 the population of Newfoundland and Labrador was estimated to be 545,579. The island of Newfoundland (and its smaller neighbouring islands) is home to around 94 per cent of the province's population, with more than half residing in the Avalon Peninsula. Labrador has a land border with both the province of Quebec, as well as a short border with the territory of Nunavut on Killiniq Island. The French overseas collectivity of Saint Pierre and Miquelon lies about west of the Burin Peninsula. According to the 2016 census, 97.0% of residents reported English as their native language, making Newfoundland and Labrador Canada's most linguistically homogeneous province. Much of the population is descended from English and Irish settlers, with the majority ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prince Edward Island
Prince Edward Island is an island Provinces and territories of Canada, province of Canada. While it is the smallest province by land area and population, it is the most densely populated. The island has several nicknames: "Garden of the Gulf", "Birthplace of Canadian Confederation, Confederation" and "Cradle of Confederation". Its capital and largest city is Charlottetown. It is one of the three Maritime provinces and one of the four Atlantic provinces. Part of the traditional lands of the Mi'kmaq, it was colonized by the French in 1604 as part of the colony of Acadia. The island, known as Isle St-Jean (St. John's Island), was ceded to the British at the conclusion of the Seven Years' War in 1763 and became part of the colony of Nova Scotia. In 1769, St. John's Island became its own British colony and its name was changed to Prince Edward Island (PEI) in 1798. PEI hosted the Charlottetown Conference in 1864 to discuss a Maritime Union, union of the Maritime provinces; however, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
