1.3e Case Law

What are the two primary pillars of British case law?

• Common law and equity

• Statutory law and equity

• Civil law and equity

• Administrative law and equity

What is the origin of common law in Britain?

• Introduced by the Parliament

• Derived from Roman law

• Set by the old Courts

• Established by the King

What was the purpose of equity in the British legal system?

• To create rigid rules

• To establish local courts

• To provide flexibility in law

• To maintain common law principles

What does the term 'aequitas' mean in relation to equity?

• Fairness

• Authority

• Flexibility

• Rigidity

What were the principles of equity based on?

• Common law principles

• Precedents set by the old Court of Chancery

• Administrative regulations

• Statutory laws

What significant milestone did the Judicature Acts of 1873-1875 achieve?

• Established common law as the sole legal system

• Introduced a new system of equity

• Unified common law and equity

• Abolished the Court of Chancery

What is the purpose of judicial precedent?

• To guide courts on creating new laws

• To guide court decisions based on previous cases

• To replace common law

• To establish equity principles

What does the doctrine of stare decisis emphasize?

• Overturning precedents

• Treating similar cases the same

• Ignoring previous court decisions

• Flexibility in legal decisions

What is a binding precedent?

• A suggestion for future cases

• A legal principle that must be followed in similar cases

• A precedent that is not mandatory

• A precedent from a foreign jurisdiction

Under what circumstances can courts depart from precedent?

• When societal norms change

• When there is a change in government

• Overruling, reversing, or distinguishing

• When the King intervenes