Intro Flashcards
What is the Common Law system?
A common law system is a legal system in which decisions about disputes are made by referring to both applicable statute and regulations and court judgements in previous cases involving similar facts.
What is an equitable remedy?
An equitable remedy is a court-ordered relief that’s granted when a typical legal remedy like monetary damages (also known as damages) is not sufficient to address the situation.
What is the principle of equity?
In 1875, the common law courts and chancery courts combined. Since then, it has been possible to apply for a common law remedy and equitable remedy in the same court.
What is the short title in an Act?
A short name given to the act which most poeple use.
What makes up the common law system?
Common law is a blend of statute, interpretation of statute, and case law to plug any gaps.
At what point does a Bill become an Act?
at the date of royal assent.
What are marginal notes in an Act?
Short notations which may appear above or alongside each section of an act and which give insight into what the provision is about. Marginal notes are internal aids.
What are exent provisions in an act?
Extent provisions define the situations in which the law applies.
What are enabling provisions?
Sometimes an Acts provisions are deferred from being in force until the relevant minister produces regulations giving that provision effect.