Sources of Law

Question 1

what are the sources of law

Answer 1

• custom
• common law
• statute law (acts of parliament)

Question 2

explain ‘custom’

Answer 2

• rule of behaviour which develops in a community
• historically, very important as the basis of common law but, unlikely to create new law today
• Lord Justice Coke describes customs as being “one of the main triangles of the laws of England”

Question 3

explain ‘common law’

Answer 3

• law that developed from custom and judicial decisions (eg. murder and the law on negligence)
• judges can only create new law when a case comes before them. then, they can only rule on the point in that case

Question 4

explain ‘statute law (acts of parliament)’

Answer 4

• law can be created, revoked or changed by an act of parliament
• an AoP has been passed by both houses of parliament and received royal assent