Which source has the greatest legal authority?

Study for the UBC Real Estate Exam. Enhance your knowledge with flashcards and multiple-choice questions. Each question includes hints and explanations to prepare you for success.

Multiple Choice

Which source has the greatest legal authority?

Explanation:
Statute law has the greatest authority because laws enacted by the legislature form the binding rules that govern society and can override older judge-made rules when they address the same issue, as long as they stay within constitutional bounds. Public law isn’t a separate highest source; it’s a broad area (like constitutional and administrative law) that operates under statutes and the constitution. Equitable and common law come from courts—equity from fairness-steered decisions and common law from precedent. They fill gaps or interpret how statutes apply, but they are subordinate to statutes that cover the same matters. So, statutes sit at the top of the hierarchy among these sources.

Statute law has the greatest authority because laws enacted by the legislature form the binding rules that govern society and can override older judge-made rules when they address the same issue, as long as they stay within constitutional bounds. Public law isn’t a separate highest source; it’s a broad area (like constitutional and administrative law) that operates under statutes and the constitution. Equitable and common law come from courts—equity from fairness-steered decisions and common law from precedent. They fill gaps or interpret how statutes apply, but they are subordinate to statutes that cover the same matters. So, statutes sit at the top of the hierarchy among these sources.

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