Flashcards

Robin Camenzind
Flashcards 31 Flashcards
Students 0 Students
Language English
Level University
Created / Updated 21.03.2014 / 03.11.2014
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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
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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)
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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.
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The Doctrine of Precedent

The doctrine of precedent refers to the application of original decisions in deciding later cases of similar fact 
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Stare decisis

– the principle that courts follow established precedents; literally means ‘to stand by a decision’.
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Res judicata

the principle that only the immediate parties to the action are bound.
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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.
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The Queensland Court Hierarchy

High Court Supreme Court District Court Magistrates’ Court