Law 2101 Lecture Notes - Lecture 1: Primary And Secondary Legislation, Inquisitorial System, Precedent
21 Sep 2017
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The publicly prescribed rules that we must follow, failing which we may suffer some adverse consequence. A reflection of common values of society. The process by which disputes are resolved. Rules passed by legislatures (broad and broadly applicable) Can be enacted in anticipation of future events: regulations (subordinate legislation) Detailed rules refining, applying or further describing statutory statements. Flexible, easily changed, easily hidden: common law/case law (historically the major source of law) Each decision determines the law as it applies to that dispute and (in theory) helps determine the law applicable to other similar matters. Based on principle of state decisis the idea that like cases should be decided alike. Court decisions guide the determination of future similar matters by courts: constitution. Supreme law of the country, to which all other laws must conform. Very broad statements of general principle that are given concrete application by the courts: other. Can make laws that apply across the country.
