Common Law Flashcards
What is common law?
A: Laws created by judges through court decisions (also called case law or precedent).
What is the doctrine of precedent?
A principle where lower courts must follow decisions made by higher courts in similar cases.
Why is precedent important in legal decision-making?
It ensures consistency and fairness in the law.
What happens when a judge’s decision conflicts with statute law?
Statute law takes priority unless declared unconstitutional.
What is persuasive precedent?
A precedent that is not binding but may be considered by a judge in making a decision.
What is binding precedent?
A legal decision that must be followed by lower courts in the same jurisdiction.
How does common law evolve?
Through judicial decisions and interpretations in new cases.
What is an example of a landmark common law case in Australia?
Mabo v Queensland (No.2) (1992), which recognized native title.
How can courts change common law?
By overruling previous decisions or distinguishing cases based on different facts.
What is equity in common law?
A legal principle ensuring fairness and justice when strict legal rules would cause hardship.
