Development of Common Law
Method of resolving disputes involving representatives of defence and prosecution.
When was the court of equity established?
15th Century.
What does stare decisis mean?
The doctrine that a decision must be followed by all lower courts. "the decision stands"
What is a jury?
An impartial body of people called into the court to help decide the verdict of the accused.
Why is law important?
As it keeps order in society.
England.
In a conflict in between equity and common law in court, which overrides the other?
Equity.
What does 'ratio decidendi' mean?
The ratio decidendi is the legal reasons that a judge came to their decision.
12 members but only 11 have to agree on the verdict.
Do higher courts have to follow lower courts precedents?
No.
When was Common Law introduced in Australia?
With the arrival of the first fleet.
Who first enforced equity in English courts?
The Chancellor.
What is the purpose of precedent?
Precedent gives guidance to judges who are dealing with similar cases that have occurred in the past.
Where were juries established?
England.
What happens if the court didn't accept the defendant's sworn oath as truthful? What is the term for it?
Trial by ordeal.
Who institutionalised common law? What year?
Who concluded that in a conflict between equity and common law, equity would override?
James the First.
Which court was originally responsible for creating precedent?
How much do jurors get paid and why?
They can get paid anywhere from $40-$100, as this covers their time off work and travels. In longer cases you can get paid more for inconvenience and your work can also pay you.
What is the standard of proof in a criminal case?
Beyond reasonable doubt.
Which was the first civilisation to implement a system of travelling judges who applied a common set of laws all over England? 100 extra points for which year.
The Normans in 1066.
What is the definition of equity by the textbook?
The body of law that supplements the common law and corrects injustices by applying principles of fairness in the court.
Who created the first precedent for internet defamation?
Dow Jones & Co Inc v Gutnick
Name 2 ways you can be exempt from jury duty.
• if you are self-employed or run a small business that would be affected by your absence
• if you are a student or apprentice
• if you have a health issue or live with a disability that would make jury service difficult
• if you aren’t living in the state where you have been summoned to attend court, or if you have transport difficulties (e.g. you live very far from the court)
• some professions may exempt you from serving on a jury; this usually covers criminal lawyers, police officers and other people who work in the criminal justice system, but each jurisdiction is different.
When were the Courts of Common Law and Equity merged?
1870.