2019 Sem 2 Flashcards
1
Q
Common law
A
- Development of precedent: doctrine of precedent
- based on ancient custom and applies to those who seek it
- Can be overridden/replaced by statute law
- Law defined under decisions made by judges previously (E.g.Donoghue vs Stevenson 1932)
2
Q
Precedent
A
- Past decision
- Doctrine of precedent: principle that requires judges to follow the rulings of judges in higher courts when the case involves similar circumstances.
- Furthermore, an appeals court is bound by their own past decisions.
3
Q
Rule of law
A
- government should not be arbitrary - it must be conducted through proper channels and processes
- all citizens are controlled by the law and should operate within the law
- the rights and obligations of citizens should be laid down in law
- all citizens are equal before the law
4
Q
Natural justice
A
-