Y11LS - U1AOS1 - Sources of Law (Common Law PT1)
Sources of Law
Sources:
Statute Law: Laws made by parliament (legislation or Acts).
Common Law: Laws made by judges; also referred to as case law (judge-made law).
Common Law: Mechanisms
Court Roles:
Primary role: Apply existing laws to case facts.
Secondary role: Make laws via statutory interpretation and precedent.
Statutory Interpretation
Definition: Judges give meaning to words in legislation to apply law correctly.
Importance: Applies general terms to specific cases, clarifying law intent.
Example Case: Deing v Tarola (Control of Weapons Act) - definition of a weapon.
Precedent
Nature: Binding or persuasive based on past court decisions.
Ratio Decidendi: Legal reasoning behind a judgment that creates binding precedent.
Stare Decisis: Principle that lower courts follow established precedents.