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Questions and Answers
What does the principle of binding authority in judicial precedent entail?
What does the principle of binding authority in judicial precedent entail?
- Obligatory adherence of lower courts to higher court decisions in similar cases. (correct)
- Courts have complete discretion over which precedents to follow.
- Higher courts must follow the decisions of lower courts.
- Lower courts can ignore decisions from higher courts.
What role does judicial precedent play in the legal system?
What role does judicial precedent play in the legal system?
- It eliminates the need for higher courts.
- It creates consistency and predictability in legal decisions. (correct)
- It primarily serves to introduce subjective interpretations of laws.
- It allows for unpredictable legal outcomes.
Which statements are true about the flexibility inherent in judicial precedent?
Which statements are true about the flexibility inherent in judicial precedent?
- All precedents are absolute and non-negotiable.
- Courts can overrule or distinguish precedents when necessary. (correct)
- Flexibility allows courts to ignore the hierarchical structure.
- Precedents cannot ever be overruled.
Which of the following is an example of customary law?
Which of the following is an example of customary law?
What is a characteristic feature of equity as a source of law?
What is a characteristic feature of equity as a source of law?
What do the maxims of equity generally guide courts to focus on?
What do the maxims of equity generally guide courts to focus on?
Which of the following best defines religious law as a source of law?
Which of the following best defines religious law as a source of law?
Which of the following describes scholarly writings in the context of legal sources?
Which of the following describes scholarly writings in the context of legal sources?
What is the significance of the maxim 'equity will not aid a volunteer'?
What is the significance of the maxim 'equity will not aid a volunteer'?
Under which condition can a party be denied equitable relief according to the maxim 'he who comes into equity must come with clean hands'?
Under which condition can a party be denied equitable relief according to the maxim 'he who comes into equity must come with clean hands'?
What does 'equity regards as done that which ought to be done' signify in the context of trusts?
What does 'equity regards as done that which ought to be done' signify in the context of trusts?
Why is 'equity acts in personam' significant?
Why is 'equity acts in personam' significant?
What is the primary implication of the maxim 'delay defeats equities'?
What is the primary implication of the maxim 'delay defeats equities'?
When would a court typically issue an injunction to prevent harm?
When would a court typically issue an injunction to prevent harm?
What does the principle 'equity will not allow a statute to be used as a shield for fraud' protect against?
What does the principle 'equity will not allow a statute to be used as a shield for fraud' protect against?
In what circumstance would a court issue a decree of specific performance?
In what circumstance would a court issue a decree of specific performance?
What does the principle of 'equity follows the law' suggest about equitable remedies?
What does the principle of 'equity follows the law' suggest about equitable remedies?
What must a party demonstrate to successfully seek equitable relief?
What must a party demonstrate to successfully seek equitable relief?
Flashcards
Binding Authority
Binding Authority
Decisions made by higher courts that must be followed by lower courts when the facts of the case are similar.
Consistency & Predictability
Consistency & Predictability
Ensuring similar cases are treated consistently and predictably to maintain order in the legal system.
Flexibility of Precedent
Flexibility of Precedent
Courts can adjust precedents over time to adapt to new circumstances and societal changes.
Hierarchical Structure
Hierarchical Structure
Judicial precedent operates within a structured system where higher courts hold more authority than lower courts.
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Treaties
Treaties
Agreements between countries or international organizations that form international law.
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Customary Law
Customary Law
Unwritten laws based on established traditions and practices in a particular community.
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Religious Law
Religious Law
Legal principles derived from religious texts and doctrines, governing personal and societal behavior.
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Scholarly Writings
Scholarly Writings
Principles and interpretations written by legal experts that influence legal development, even if not strictly binding.
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Equity intervenes when the law does not provide a remedy
Equity intervenes when the law does not provide a remedy
This principle states that courts can provide remedies when the law doesn't offer a sufficient solution, ensuring fairness.
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Equity follows the law
Equity follows the law
Even though equity strives for fairness, it typically adheres to established legal rules. However, it applies these rules in a way that prioritizes fairness to avoid unjust outcomes.
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He who comes into equity must come with clean hands
He who comes into equity must come with clean hands
Courts will not provide equitable relief to someone who has acted unethically or in bad faith in the matter being disputed.
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Equity will not allow a statute to be used as a shield for fraud
Equity will not allow a statute to be used as a shield for fraud
Equity prevents someone from using legal provisions to justify wrongdoing or deceptive behavior.
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Equity regards as done that which ought to be done
Equity regards as done that which ought to be done
This principle treats an obligation as already fulfilled if it should have been completed, often used in contracts and trusts.
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Delay defeats equities
Delay defeats equities
A party seeking equitable relief must act promptly to claim it. Significant delays can result in the denial of relief.
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Equity acts in personam
Equity acts in personam
Equity focuses on the obligation of individuals to take action, compelling them to act rather than affecting property directly.
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Equity will not aid a volunteer
Equity will not aid a volunteer
Equity will not provide relief to someone who voluntarily assumes an obligation without any form of compensation or consideration.
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Judicial Precedent
- Binding authority: Lower courts must follow decisions of higher courts in similar cases.
- Consistency and Predictability: Ensures similar cases are treated similarly.
- Flexibility: Courts can overturn or distinguish precedents if needed, allowing for legal evolution.
- Hierarchical Structure: Decisions from higher courts are more authoritative.
Sources of Law
Treaties
- Treaties and agreements between states or organizations form international law.
- Address global issues like trade, human rights, and security.
- Examples: UN Charter, Geneva Conventions, ILO.
Custom and Practice
- Customary law is based on accepted traditions and practices in communities.
- Often unwritten but carries legal authority.
- Examples: Tribal customs, regional practices.
Religious Law
- Derived from religious texts and principles.
- Guides personal and societal conduct within religious communities.
- Examples: Islamic Sharia law, Hindu law, Jewish Halakha.
Scholarly Writings
- Legal principles and interpretations by scholars, judges, and jurists.
- Non-binding but influence law's development.
- Example: Publications from law faculties.
Equity
- Addresses fairness and justice where common law is inadequate.
- Courts of equity provide remedies like injunctions or specific performance.
Maxims of Equity
- Guiding principles for fairness and justice in court decisions.
- Developed by English Courts of Chancery.
Common Maxims
- Equity will not suffer a wrong to be without a remedy: Equity intervenes when the law provides insufficient remedy.
- Equity follows the law: Equity generally follows existing legal rules but adjusts to ensure fairness.
- He who comes into equity must come with clean hands: Equitable relief denied to those with unethical conduct.
- Equity will not allow a statute to be used as a shield for fraud: Prevents misuse of law for fraud.
- Equity regards as done that which ought to be done: Treats obligated actions as complete if they should have been.
- Delay defeats equities: Equitable remedies denied to those who delay filing claims.
- Equity acts in personam: Equity compels actions from individuals, not objects.
- Equity will not aid a volunteer: Equity does not assist those who volunteered without consideration.
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