Common Law (HSC SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Common law (1st meaning)
Common law (1st meaning)
Law made by judges in courts, not parliament
Year of Norman Conquest
Year of Norman Conquest
1066
Why called 'common' law
Why called 'common' law
Common to all England, replaced local customs
What is equity?
What is equity?
Law supplementing common law based on fairness principles
Common law vs equity conflict
Common law vs equity conflict
Equity prevails
Ratio decidendi
Ratio decidendi
Reason for decision; essential legal reasoning; binding
Obiter dicta
Obiter dicta
Remarks 'said by the way'; not binding
Stare decisis meaning
Stare decisis meaning
The decision stands
Binding precedent
Binding precedent
Lower courts must follow superior courts' decisions
Distinguishing a case
Distinguishing a case
Facts differ significantly, so precedent need not be followed