Common Law Overview

Flashcards covering key concepts and terms related to common law and legal principles.

Common Law

A legal system that relies on past court decisions (precedents) to adjudicate new cases.

Stare Decisis

The doctrine that requires courts to follow previous judicial decisions.

Writ

A formal order issued by a court or legal authority.

Precedent

A legal principle established in a previous case that is binding in subsequent cases with similar facts.

Magna Carta (1215)

A document that limited the power of the king and established the principle of rule of law.

Equity

A branch of law that addresses concerns that strict legal rules do not adequately provide for justice.

Assumpsit

A legal remedy for breach of a promise or contract.

Trover

A legal action for the recovery of goods wrongfully taken or retained.

Judicial Review

The power of courts to assess whether a law is in accord with the constitution.

Judicature Acts (1873-1875)

Legislation that reformed the court system in England, unifying common law and equity.

Legal Transplantation

The adoption of legal rules from another jurisdiction.

Binding Precedent

Decisions made by higher courts that must be followed by lower courts.

Court of Appeal

A court that hears appeals from lower court decisions.

Equitable Remedies

Court-ordered actions that require parties to act or refrain from acting in specific ways.

Civil Law System

A legal system primarily based on written statutes and codes rather than case law.

Ratio Decidendi

The legal principle or rule that is derived from a court's decision.

Obiter Dictum

Remarks or observations made by a judge that are not essential to the decision and not legally binding.

Judicial Independence

The concept that the judiciary should remain independent from other branches of government.

Separation of Powers

A doctrine that divides the responsibilities of government into distinct branches to limit any one branch from exercising the core functions of another.