2 Common and Case Law

Question 1

What is another name for Common Law?

Answer 1

Judicial precedent (Case Law)

Question 2

What is common law / judicial precedent? (5)

Answer 2

1. Decision by a judge in a case
2. Must include any award (damages)
3. Include the principles of law/ reason by which the decision was made
4. Decision is based on previous cases, where previous principles will normally apply
5. Where judge is bound by previous outcomes of past cases (From higher courts)

Question 3

What can cases of judicial precedent sometimes lead to? (2)

Answer 3

1. Appeals

2. Reversal of decisions

Question 4

What is Common and Case Law based on? (2)

Answer 4

1. Common Laws - rules developed through precedents

2. Equity - natural justice, which is discretionary