sources of contemporary Australian law Flashcards
1
Q
common law
A
laws adopted/made by Britain
judge made or case made
distinct from equity law
2
Q
common law- British origins
A
feudal system:
> king- nobleman, knights- clergy- merchants- serfs, peasants
circuit court judges- how body of common law was formed
curia regis- king’s council, composed of chief barons to advise him
customary law- barons had the right to hold manorial court to sort out local disputes
3
Q
obiter dictum
A
other comments made by the judges
4
Q
ratio decendi
A
reason for judge’s decision
