LAWS1100 3: SOURCES OF LAW (Common Law)

Two ways courts were developed

Precedent and statuary interpretention

Judges

An officer of the crown to adjudicate disputes in the court. Appointed by the Governor in Council, or Gov-General in a council to a federal court.

Common Law also know as?

1. Case law 2. Judge Made Law

Common laws other connotations;

1. System of laws developed by the English courts and applied in England and countries that were once an English colonies. (Aus, New Zealand, USA, Canada, India, Singapore, Malaysia) 2. Opposed to Equity 3. Opposed to the Civil Law systems 4. Opposed to the Islamic law

Privy Council was abolished on what year?

1986

Obiter Dicta

A judge reasoning behind a point of law that does not form part of the ratio decidendi and not binding as a precedent.

Binding Precedent ( Stare Decisis)

Decision coming from the higher court in a hierarchy are to be said binds with all the lower court.

Precedent

Judgement of a court that establishes a point of law.

Privy Council

Judicial commitee of the Privy Council is the most senior court in the British Commonwealth, hearing appeal from the colonials. (Formerly the highest court of appeal)

Ratio Decidendi

Legal reasoning of a court in reaching it's decision. (Find a reason for the legal)

Extrinsic

Second reading, explanatory notes, Hnasard reports.

Common Law

Source of law that have been primarily derived from the decisions of judges in courts. (Unenacted)

English House of Lords

The highest appelate house in England. (By the Law Lords)