revision notes Flashcards
(36 cards)
What is statute law?
Statue law is made in parliament and applies to everyone. It is recorded in statutes and superior to common law.
What is common law?
Common law is made in court and applies to those who seek it. It is recorded in law reports and based upon statute.
What is civil law?
Civil law involves disputes between individuals or groups, over an alleged breach of individual rights. The party who believes that their rights have been infringed (the plaintiff) takes the case to court in the hope of receiving a remedy
What is criminal law?
Those that involve an individual who has committed an illegal act that inflicts harm on another individual and/or society, is taken to court (or prosecuted) by the state or government. Includes murder, armed robbery, assault and sexual offence
What are summary offences?
Minor crimes heard in the Magistrates Court. Includes minor traffic offences, minor unlawful assault
What are indictable offences
Generally heard in higher courts, such as the District and the Supreme Court. Includes armed robbery and murder
What is negligence?
Individual claims they have suffered injury due to another personʼs failure to take reasonable care when there is a responsibility to do so.
What is breach of contract?
Not fulfilling the terms of a contract
What is defamation?
When a person believes they have suffered harm due to another person making false statements publicly.
What is doctrine of precedent?
Basing legal decisions around previous cases to create consistency Idea, theory, belief on how something should occur
What is stare decisis?
Translates to “stand by what has been decided”. Means to create justice by creating consistency in the law.
What is juristiction?
Official power to make legal decisions and judgements it’s the authority of courts to make decisions in certain types of cases.
What are the 3 rules of jurisdiction?
- seriousness/value
- geographic
- specialist
What is seriousness/value in jurisdiction?
Criminal courts have jurisdiction over certain levels of crime or the value of lawsuits in civil cases.
What is geographic in jurisdiction?
State courts will deal with legal disputes based on state laws. Federal courts deal with legal disputes based on federal laws
What is specialist in jurisdiction?
Some courts are uniquely set up to deal with very specific legal situations. E.g. children’s court, drug court
What is binding precedent?
You are bound to this and must stay to the decisions as you are held to it. Must follow any court above own.
What is persuasive precedent?
Courts will take into account this but don’t have too. It comes from other courts with the same power which is why they don’t have to follow them. Decisions from higher courts in other court hierarchies are persuasive except from the high court.
What is ratio decidendi?
This is the rule of law stated by the judge as the reason for the decision. This forms to binding legal principle that is followed in precedent. It is reason for deciding.
What is obiter dicta?
This is statements made “by the way”. They are comments made by the judge on a question of law, but which are not directly relevant to deciding the cased are persuasive.
What are the facts from Donoghue vs Stevenson?
Ms Donoghue ordered a ginger beer and drank half. When she poured the other half out, she found parts of a decomposed snail, as a result she suffered illnesses therefore suing the company due to lack of duty of care.
What was the Ratio decidendi from the Donoghue vs Stevenson case?
The reasoning behind Ms. Donoghue being able to successfully sue the company is that they negligently allowed a snail to get in the bottle causing her injury.
Breach of general duty of care, There was a harm to the consumer, Neighbour principle, Relationship of producer and consumer
What were the facts Grant v. Australian knitting mills case?
Dr Grant purchased a pair of underpants from Australia Knitting mills that were covered in chemical residue causing him dermatitis and great discomfort in which he sued the company due to lack of consumer care using Donoghue precedent.
What was the ratio decidendi from the Grant v. Australian knitting mills case?
In this case, the judge used the precedent set by the Donoghue v. Stevenson case which implies that any company should be held liable for injuries occurred to someone through use of their product as they did not show a general duty of care.
