Chapter One (session One N Two) Flashcards
The common law has three definition
What is law made up of
Law is made up of two forms
Enacted law
this is a law made by parliament known as a statute law,legislation or acts of parliament.
Unenacted law
This is a judgements usually written of judges in cases heard by them known as case law
What are the three fundamental of common law
➡️uniformity
➡️certainty
➡️fairness
What are the Examples of equity?
Injuctions,specific performance and trust
Name the court of highest appeal in Australia two words
High court
What is the Latin term for the reason for the decision in a particular case two words
Ratio decidendi
Name the highest court of state which an appeal may be taken to the high court of Australia
Supreme Court
What word describe a piece of legislation passed by parliament
ACT
What is the Latin phase for the doctrine of precedent two words
Stare decisis
How do we refer to the structure and ranking of the courts within the system
Hiaracy
What is the Latin term statement of a judge made in a passing
Obiter dictum
How do we refer to a decision that has to be follwed?
Doctorine
How do we refer to a decision that has only a kind of partial authority
Persuasive
What the phrase that describe the system of law that is applicable in Australia two words
Terra nullius
What is Common law
Used to describe has a English law
