Sources of Law

Question 1

Define Common Law

Answer 1

The common law derives from the decisions of judges (originally in England). A rule or principle of precedent also developed. This required that if a ruling was made on the basis of certain facts, and those facts happened again, the same ruling should apply. The common law operates subject to legislation. In other words, if a decision of a court establishes a new rule of common law or varies an old rule in a way that is seen to be undesirable, an Act may change or abolish the common law rule.

Question 2

Define Statute Law

Answer 2

Parliament law or law made with the authority of parliament. Statute law can impact upon the common law in three ways:

1. Remedy some defect in common law.
2. Supplement the common law by means of an act if parliament declares part of common law by an Act of Parliament.

Question 3

What does statute law consist of?

Answer 3

Civil law and Criminal law. ALSO laws enacted by Parliament.

Question 4

In Statute Law, what is civil law?

Answer 4

relates to the maintenance of private claims and the redress of private wrongs. It covers such areas as contracts, wills and divorce. In civil matters the accused person will not go to gaol.

Question 5

In Statute Law, what is Criminal Law?

Answer 5

relates to offences against the state. It covers offences that are punishable by law. Examples include assault and stealing. In criminal matters, the offender may go to gaol or be fined or both.