Common Law Flashcards
What is precedent?
A judgement made by a court that establishes a point of law
What is common law?
Law established by court decisions rather than parliament
What is jurisdiction?
The area over which the authority extends
What is Determination?
The final conclusion of a lawsuit or dispute by the rendering of a final decision
What is an Appeal?
A challenge to previous legal determination. An appeal is directed towards a legal power higher than the power making the challenge
What is a Criminal matter?
Where a person is cc used of breaking a law made by parliament
What is a civil matter?
A Civil matter relates to matters that are of a non-criminal nature.
What is a summary offence?
A less serious matter eg. Drink driving
What is an Indictable offence?
A serious criminal matter eg. Murder
What is an Appellate jurisdiction?
When a court has power to hear an appeal from another (usually lower) court
What is an Original jurisdiction?
Where a court has the power to hear a matter in the first instance eg. Summary (less serious) matters are heard in a local court
What is the doctrine of precedent?
To abide by principles established by earlier decisions in earlier cases
What is equity law?
Equity law is a body of law that addresses concerns that fall outside the jurisdiction of common law
What is discretionary?
Having the ability to decide at ones own discretion (decide upon a decision)
