LAW1111 Lecture Notes - Lecture 2: Ratio Decidendi, Precedent, Obiter Dictum

• School: Monash University
• Department: Law
• Course: LAW1111
• Professor: Joanna Kyriakakis

Document Summary

Declaratory theory of common law: common law is something that does. Yes: judge-made law is what is referred to as the (cid:494)common law(cid:495) not change but remains the same. A court may identify and articulate a (cid:494)new(cid:495) legal principle but in doing so it is simply declaring a previously un- articulated principle that was actually there all the time. Why is judge made law troubling to some: democratic deficit, the retrospectivity problem, represents the world view of a limited class of people from a relatively privileged background. of complexity or seriousness. Enables specialisation and resource management to reflect different levels. This term refers to the scope of the court(cid:495)s power to hear and decide a. Be aware that courts can have both original and appellate jurisdiction. It can be limited in terms of geography; types of parties who can appear; by subject matter/ the type of legal point to be decided; and by type of relief that can be sought.