Sources of Australian Law - ANSWERS-Aboriginal and Torres Strait islander people's customary law
-Statute Law
-Constitutional Law
-Common Law
-International Law
Common Law - ANSWERS-laws that come from the decisions of judges in courts as opposed to the laws that come parliament
-system...
Australian Legal System Questions &
Answers
Sources of Australian Law - ANSWERS-Aboriginal and Torres Strait islander people's
customary law
-Statute Law
-Constitutional Law
-Common Law
-International Law
Common Law - ANSWERS-laws that come from the decisions of judges in courts as
opposed to the laws that come parliament
-system of law that a country uses
-law developed by courts of common law as distinct from the courts of equity
Precedent - ANSWERSan earlier event or action that is regarded as an example or
guide to be considered in subsequent similar circumstances.
Principles of Equity - ANSWERSunique development of British legal system
designed to supplement common law as a result of the inflexibility of common law
What happened in the 14th century - ANSWERSBefore Norman invasion in 1066AD
each village has its own laws (customary laws). After the invasion its centralised the
government and they had only one king (feudal system) then a system of travelling
courts and judges applied same laws throughout. Common law and precedent they
would meet up and compare decisions 14th century Court of Chancery to deal with
injustice from common law. Equity
What happens if rules of equity and common law clashed? - ANSWERSRules of equity
are applied
Features of Common Law - ANSWERS-complete legal system
-common law rights extend to all people
-common law remedies are enforceable at any time
-common law is non-discretionary and must follow precedent
Features of Equity - ANSWERS-set of isolated principles
-rights of equity are only valid to those people specified by the court
-equitable remedies must be applied promptly
-equity is discretionary
Precedent - ANSWERSbinding decision made in previous court case with similar facts
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Bestgrades2. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.99. You're not tied to anything after your purchase.
