SQE 1: PUBLIC LAW REVISION
NOTES
pre-1066
locally based systems and customs of Anglo-Saxon
society.
1066-1485
the formation of common law and its imposition over and
above local systems and customs
1485-1870
development of equity; two separate legal systems co-
exist.
1870s to present
Joint jurisdiction for common law and equity
Massive development of statute law
Growth of governmental and administrative bodies
Influence of European Union Law.
three courts
developed from the King's Council
Court of the exchequer
Court of Common Pleas
Court of King's Bench
common law case law
law that has been developed by judges through the
system of precedent.
wit of right
first form of real action- developed from dispute in battle to
form of jury trial
what governs the common law system
, rules of precedent
stare decisis
doctrine of binding precedent
conditions for english courts to follow a previous
decision
has to be convinced that:
The earlier case was decided in a court which binds it, and
the relevant part of the earlier case is binding, rather than
merely persuasive.
a judgement consists of
- a summary of the facts
- statements of law, which include the ration decidendi and
(often) the obiter dicta
- the court's decision on remedy, which is binding on the
parties in the case.
ratio decidendi
the reason for the decision. The ratio is binding on the
other courts.
ratio- legal principle or rule
material facts
those on which the decision of the courts depend
obiter dictum
judge comments on an area of law which it is not
necessary to reach a decision in a case. They are not
binding but may be persuasive
reversing a judgement
if a case goes to appeal and the higher appeal court
disagrees with the lower court.
overruled
NOTES
pre-1066
locally based systems and customs of Anglo-Saxon
society.
1066-1485
the formation of common law and its imposition over and
above local systems and customs
1485-1870
development of equity; two separate legal systems co-
exist.
1870s to present
Joint jurisdiction for common law and equity
Massive development of statute law
Growth of governmental and administrative bodies
Influence of European Union Law.
three courts
developed from the King's Council
Court of the exchequer
Court of Common Pleas
Court of King's Bench
common law case law
law that has been developed by judges through the
system of precedent.
wit of right
first form of real action- developed from dispute in battle to
form of jury trial
what governs the common law system
, rules of precedent
stare decisis
doctrine of binding precedent
conditions for english courts to follow a previous
decision
has to be convinced that:
The earlier case was decided in a court which binds it, and
the relevant part of the earlier case is binding, rather than
merely persuasive.
a judgement consists of
- a summary of the facts
- statements of law, which include the ration decidendi and
(often) the obiter dicta
- the court's decision on remedy, which is binding on the
parties in the case.
ratio decidendi
the reason for the decision. The ratio is binding on the
other courts.
ratio- legal principle or rule
material facts
those on which the decision of the courts depend
obiter dictum
judge comments on an area of law which it is not
necessary to reach a decision in a case. They are not
binding but may be persuasive
reversing a judgement
if a case goes to appeal and the higher appeal court
disagrees with the lower court.
overruled
