13.COMMON LAW QUESTIONS WITH RESEARCHED ANSWERS
Origin - correct answer Common Law is a product of the English legal system and is said to have
developed from the reign of Henry II (1154-1189).
Define Common Law - correct answer Judge made law founded on the doctrine of precedent,
"An action or decision previously made by a court should be followed again by judges in the
same or similar circumstances".
What is the logic of Common Law - correct answer Law is established that is predictable and fair
to all it also brings uniformity.
What are the rules in repect to recognition of precedent - correct answer Every court is bound
to follow the decisions of superior courts.
Appellate courts (appeal courts) have power to hear appeals from lower courts will follow their
own decision to create precedent.
Single judges hearing a case for the first time are not bound to follow each other's decisions,
although in practice they usually do.
Only courts of record (County Court or higher) can create precedents.
Not everything a judge says is binding, the ratio decidendi (the reason or grounds) is the
binding element.
A judges obiter dictum (incidental remark) is not binding, however, may be persuasive.
What are the main sources of case law in Victoria - correct answer In Victoria the Victorian Law
Reports are produced annually. They contain cases of considered importance mainly from the
Victorian Supreme Court.
What are other sources of Common Law - correct answer Legal textbooks on the subject by
recognised authors.
What are the 3 presumptions at law - correct answer a. Irrebuttable Presumptions
B. Rebuttable Presumptions
Origin - correct answer Common Law is a product of the English legal system and is said to have
developed from the reign of Henry II (1154-1189).
Define Common Law - correct answer Judge made law founded on the doctrine of precedent,
"An action or decision previously made by a court should be followed again by judges in the
same or similar circumstances".
What is the logic of Common Law - correct answer Law is established that is predictable and fair
to all it also brings uniformity.
What are the rules in repect to recognition of precedent - correct answer Every court is bound
to follow the decisions of superior courts.
Appellate courts (appeal courts) have power to hear appeals from lower courts will follow their
own decision to create precedent.
Single judges hearing a case for the first time are not bound to follow each other's decisions,
although in practice they usually do.
Only courts of record (County Court or higher) can create precedents.
Not everything a judge says is binding, the ratio decidendi (the reason or grounds) is the
binding element.
A judges obiter dictum (incidental remark) is not binding, however, may be persuasive.
What are the main sources of case law in Victoria - correct answer In Victoria the Victorian Law
Reports are produced annually. They contain cases of considered importance mainly from the
Victorian Supreme Court.
What are other sources of Common Law - correct answer Legal textbooks on the subject by
recognised authors.
What are the 3 presumptions at law - correct answer a. Irrebuttable Presumptions
B. Rebuttable Presumptions
