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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?
What role does judicial precedent play in the legal system?
What role does judicial precedent play in the legal system?
Which statements are true about the flexibility inherent in judicial precedent?
Which statements are true about the flexibility inherent in judicial precedent?
Which of the following is an example of customary law?
Which of the following is an example of customary law?
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What is a characteristic feature of equity as a source of law?
What is a characteristic feature of equity as a source of law?
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What do the maxims of equity generally guide courts to focus on?
What do the maxims of equity generally guide courts to focus on?
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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?
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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?
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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'?
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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'?
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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?
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Why is 'equity acts in personam' significant?
Why is 'equity acts in personam' significant?
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What is the primary implication of the maxim 'delay defeats equities'?
What is the primary implication of the maxim 'delay defeats equities'?
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When would a court typically issue an injunction to prevent harm?
When would a court typically issue an injunction to prevent harm?
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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?
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In what circumstance would a court issue a decree of specific performance?
In what circumstance would a court issue a decree of specific performance?
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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?
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What must a party demonstrate to successfully seek equitable relief?
What must a party demonstrate to successfully seek equitable relief?
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Study Notes
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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Description
Explore the intricacies of judicial precedents and sources of law including treaties, custom, and religious law. Understand how binding authority shapes legal decisions and the role of international agreements in law. This quiz will enhance your knowledge of legal structures and norms.
