Week 2 - Sources of English Law Flashcards
What are the advantages of common law?
- Courts are held in public
- Judges have to give reasons for decisions and can respond quickly to new conditions
- Doctrine of judicial precedent
What is equity?
Equity is a necessary development of common law as common law generally gave damages as a remedy.
What are some examples of equity remedies?
- Injunctions
- Specific Performance
- Trusts
- Tracing
- Rescission of Contracts
What is ‘Ratio Decidendi’?
‘Ratio Decidendi’ is the reason for the decision or the principle on which a decision is based.
What is ‘Obiter Dicta’?
‘Obiter Dicta’ is just a passing remark. It is a comment made by the judge and is not part of ratio decidendi. It might have persuasive authority.
What is a disadvantage of a system based on judicial precedent?
‘Judicial Activism’ - the judges make law.
What is primary legislation?
An example of primary legislation are Acts of Westminster Parliament; they are the highest form of legal authority so cannot be challenged by judges or other authorities.
What is a bill?
A bill is a draft piece of legislation.
How does a bill become law?
Bills have to go through a particular process for them to become law. Once they go through this, they are known as Acts of Parliament, Statutes or Legislation. Many bills do not become statutes.
What are three types of Acts of Parliament?
- Codifying Act
- Consolidating Act
- Amending Act
What is a Codifying Act?
A codifying act brings together all the law, from statutes and cases on a given topic.
What is a Consolidating Act?
A consolidating act consists of law enacted in several statutes being re-enacted into one statute.
What is an Amending Act?
An amending act changes the law as necessary.
What are examples of secondary legislation?
- Statutory Instruments
- Orders in Council
- By-Laws
How much force of the law does delegated (secondary) legislation carry?
It carries full force of the law.
