Distinguishing the facts: The process judges use to decide which case is the binding precedent; Apply past decisions while considering the unique qualities of the new case. Bijural... Distinguishing the facts: The process judges use to decide which case is the binding precedent; Apply past decisions while considering the unique qualities of the new case. Bijuralism: Expresses the civil law and common law traditions coexist in Canada, does not exclude recognition of other rules such as international law, demonstrate respect for other legal cultures. Common law courts: The 3 historical English courts (Common pleas, Kings bench, Exchequer court) was discovered in the customs and traditions of the people. Common law borrows from Roman civil law. Canon/church law: The legal system of the catholic church from which common law drew principles relating to families and estates. Law merchant: Rules developed by the merchant guilds and the source of common law relating to negotiable instruments such as cheques and promissory notes. Court of chancery/Equity: Dealt with matters that could not be handled fairly by the common law courts. Equity: refers to the principles upon fairness to relieve the harshness of the common law and the value left in an asset after subtracting what the owner owes. Trust: One party holds property for another. Statutes/Legislation: Law in the form of legislation passed by parliament. Courts cannot overrule parliaments legislation and no parliament can pass laws that future parliaments cant change. Case law: Collection of past court decisions that help make decisions in a new case. Parliamentary supremacy: Dictates that where case and statue law conflict, statues prevail. Read more