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8 Cards in this Set
- Front
- Back
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Why was it called common law? |
1000 years ago when the king dispensed judges throughout the realm to administer law that was common to all parts of it - previously law had been administered in local basis |
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Which are still common law countries? |
Australia, New Zealand, India, most parts of the states |
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Central feature of common law system? |
Stare decisis- judicial decisions are binding in subsequent cases |
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Downside of common law in terms of remedy? |
Only provides damages which is inappropriate at times |
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What does common law derived from? |
Centuries of judicial decisions - known as “judge made law” - invented and developed by judges over time |
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Common law v civil law? |
Civil law countries- laws are contained in constitution and legislation Common law countries - centuries of judicial decision |
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Source of common law |
Judicial decisions not about constitutional or statutory interpretation |
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Fundamental rights existed in common law |
Nowadays article 40 - right to apply for habeas corpus Law of defamation and murder |
