Philosophy 2080 Lecture Notes - Ultra Vires, Substantive Law, Procedural Law
5 Feb 2013
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Q: explain the common law system, and how it relates to the function of the courts. A: the common law system, legal system relying on the decisions of judges / the courts to as the major source of legal principle. A: stare decisis, the decision stands, the fact that each ruling is binding on lower courts in future cases involving similar facts, the common law system would not function if decisions were not binding. Decisions are the source of principles of law. A: equity is a separate set of principles, evolved at some later time, to step in and supercede where common law principles as established yielded a result that was unfair, or unjust. A: this is set out fairly completely in the text, on pages 16 and 17 (7th edition) and pages 10 and 11 (8th edition), there is no need to reproduce this here. Q: define substantive law, and explain how it differs from procedural law.
