AJ 025 Lecture Notes - Lecture 2: Equitable Remedy, Clean Hands, Specific Performance

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Case law: interpretations of statutes, regulations, constitutional provisions, other case law. Common law: established amongst all british colonies (consistency) Based off judges" decisions (became more careful because they set a precedent) Deciding new cases based off the decision of previous decisions (precedents) Aspects: a court should not overturn a precedent unless there is strong reason to do so, decisions made by a higher court are binding on lower courts. Binding authorities: any source of law that a court must follow when deciding a case ie. constitutions, statutes, regulations, court decisions that are controlling precedence. Supreme court decisions remain controlling until they are overruled. Helps courts be more efficient and predictable (outcome of case reliable) Changes in social/technological factors may render a precedent inapplicable. Courts will look at precedents established in other jurisdictions (persuasive authorities: a court may also consider other factors.