BUSL251 Lecture Notes - Lecture 1: Ratio Decidendi, Constitution Of Australia, Contributory Negligence
10 Oct 2018
School
Department
Course
Professor
Document Summary
All countries have legal systems classed under diff sytems. Common law legal system - australia inherited legal system from britain. 1900 australia became independent but still followed the legal system. Replace common law to create an equal base and prevent injustice. Common law and case law - same thing. Case law is the law made by judges - second source of law in modern time common law, fir the parliament. Precedent: is a principle or rule established in a previous legal case that is either binding o deciding subsequent cases with similar issues or facts. Ratio decidendi (why decision is made)- judge is giving decision and is binding - reason for. Obiter dicta - persuasive only, not a decision just a guidance, don"t have to follow. Parliament makes statue law/act - there is federal and state parliament, both legislate. A bill" is introduced into parliament and after debate, and if sufficient support, the bill" is.
