A rule of behaviour which develops in a community which exists without being invented e.g the long usage law.
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How did the common law come about?
From the judges meeting where they decided to place the best customs into one uniform law currently known as the common law.
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What is equity?
Fairness.
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When did equity prevail over common law?
1615 when the king decided it.
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Who can change laws?
Parliament.
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What does the term statue refer to
The elevation of legislative proposal to law.
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What can statues do
Create, change or revoke ANY law.
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What is the civil law system
This is based on a written code and aims to cover all possibilities with broad principles. Decision of judges can be considered but are not binding.
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What is the common law system?
Largely unwritten and relies on decisions of judges. All lower courts are bound by decisions of judges in the higher courts.
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What is the rule of law?
All people are subject to and accountable to law that is fairly applied and enforced and the process by which the laws of the country operate by must be fair.
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What 3 elements did Dicey claim make up the rule of law?
1) Absence of arbitrary power on the part of the state. 2) Equality before the law. 3) Supremacy of ordinary law.
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Where do the acts of parliament have to be passed by?
Both houses of parliament
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What is the importance of a trial?
No-one can be imprisoned without a trial.
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What does the 'Sale of Goods act 1979' state
Goods must be sold of satisfactory quality otherwise this is breaking rights
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Other cards in this set
Card 2
Front
What is custom law?
Back
A rule of behaviour which develops in a community which exists without being invented e.g the long usage law.
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