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Common Law Origin And Sources Notes

Law Notes > Australian Legal Foundations Notes

This is an extract of our Common Law Origin And Sources document, which we sell as part of our Australian Legal Foundations Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Australian Legal Foundations Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

COMMON LAW SYSTEM: ORIGIN
AND SOURCES

Inductive reasoning Deductive reasoning Based upon an "educated (or
sometimes uneducated!) guess"
derived from observations and
experiences
The conclusion may not necessarily
be true
Moves from the specific to the
general
*
* * Based on formal logic
The propositions contain the
argument and the conclusion
naturally follows (can be deduced)
Moves from the general to the
specific
* * *

Common Law * Source of law
o case law v legislation * System of law
o common law v civil law system * Division of law
o common law v equality * Law generally comes from a variety of sources
o Parliaments make law a? LEGISLATION
o Judges decide cases a? COMMON LAW
o Customs a? CUSTOMARY LAW
o Religious traditions and texts a? RELIGIOUS LAW
Source of Law * Law that comes from judicial decisions where:
o there is no pre--existing law
SS? current law stretches to cover the situation
o Judges own interpretation
SS? give voice to new law * Judge made law * THE DOCTRINE OF PRECEDENT
o Courts must uphold and are bound to follow a decision made by a
previous court
o High courts set the precedent
o If a decision was made in a lower level court, it does not need to be
followed

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