Sources of Aus contemporary law

Question 1

What is common law?

Answer 1

Originated in Britain, based on the idea of traveling judges enforcing precedent
equity: body of law supplementing common law, corrects injustice by applying principals
of fairness
precedent: a judgement which acts as authority for a later legal decision (stare decisis,
the decision stands)

Question 2

What are the rules of precedent?

Answer 2

• Must be followed in all courts lower in hierarchy (binding precedent)
• Can be used as basis for decision in any court (persuasive precedent)