Sources of Contemporary Australian Law Flashcards
1
Q
What is common law
A
Common law is created by the courts and can persuade and bind future situations.
2
Q
What is Obiter Dictum
A
Occurs when a court must follow the decision set previously by a higher court.
3
Q
What is Ratio Decidendi
A
Occurs when a judge is influenced but does not have to follow a decision set by another court
4
Q
What is Common Law based upon
A
based on the idea of travelling judges enforcing precedent.
4
Q
Where did Common Law Originate
A
Britain
5
Q
What is Equity
A
The body of law that supplements the common law and corrects injustices by judging each case on its merits and applying principles of fairness.
6
Q
What is precedent
A
Judgement that is authority for a legal principle to provide guidance for deciding cases that have similar facts.
7
Q
A
