2019 Sem 2 Flashcards

1
Q

Common law

A
  • Development of precedent: doctrine of precedent
  • based on ancient custom and applies to those who seek it
  • Can be overridden/replaced by statute law
  • Law defined under decisions made by judges previously (E.g.Donoghue vs Stevenson 1932)
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2
Q

Precedent

A
  • Past decision
  • Doctrine of precedent: principle that requires judges to follow the rulings of judges in higher courts when the case involves similar circumstances.
  • Furthermore, an appeals court is bound by their own past decisions.
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3
Q

Rule of law

A
  • government should not be arbitrary - it must be conducted through proper channels and processes
  • all citizens are controlled by the law and should operate within the law
  • the rights and obligations of citizens should be laid down in law
  • all citizens are equal before the law
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4
Q

Natural justice

A

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