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Case Law: law made by judges
Law developed through court hearings of disputes Includes principles: development prior to legislation governing matters not covered by legislation developed through statutory interpretation
Common law
Common law is the law created by the reported decisions of judges. Common law is also known as: case law; precedent; unenacted law. The typical common law remedy is damages (monetary compensation)
Equity
Equity developed as a result of the growing inflexibility and rigidity of the common law. Equity implies fairness and justice in the law. There are two types of equitable remedies sought: Injunction – a court order directing a person to stop doing something; and Specific performance – a court order directing a person to carry out an obligation.
The Doctrine of Precedent
The doctrine of precedent refers to the application of original decisions in deciding later cases of similar fact
Stare decisis
– the principle that courts follow established precedents; literally means ‘to stand by a decision’.
Res judicata
the principle that only the immediate parties to the action are bound.
The Doctrine and ... the court hierarchy
The doctrine of precedent presupposes the existence of a court hierarchy. Underlying the doctrine of precedent is the principle that lower courts in the hierarchy stand by decisions of superior courts.
The Queensland Court Hierarchy
High Court Supreme Court District Court Magistrates’ Court
