The Judicature Acts of 1873-75 combined the common law courts and the Courts of Equity

The Courts of Equity = originally in English common law and in several states there were separate courts (often called chancery courts) which handled lawsuits and petitions requesting remedies other than damages, such as writs, injunctions, and specific performance. Gradually the courts of equity have merged with courts of law.

Lord Chancellor = a senior and important functionary in the government of the United Kingdom; at present, appointed by the Sovereign on the advice of the Prime Minister

The common law system

- a court (a judge or a panel of judges) issues a specific and individual decision on a particular case by reference to another similar case previously decided upon by a court - another case constitutes grounds for the case at stake;

- the very first judicial decision to which the decisions are referred to is a precedent ->

The so-called "cases of first impression", i.e. when cases are submitted to the court for the first time and other similar cases are not found in the legal system - the court delivering resolving the present case and its decision establishes a new norm on the basis of its own belief and conscience.

The court must take all circumstances into consideration to justify its decision: the social changes - principles and social values, sense of equity and social justice, good practice; protection of social order; technology development, etc

(1) Foundation of a court's judgement (what is taken into account in the legal proceedings):

1 - OBITER DICTA = the intrinsic, unique and secondary features of the case

2 - RATIO DECIDENDI = the legal reasoning of the essence of the judgement

(2) THE PRINCIPLE OF STARE DECISIS= "let the decision stand" (STARE DECISIS ET QUETA NON MOVERE):

The principle of the constancy of the decision (of the permanent and unchanging character of the decision) = when the foundation of a court's judgement is established the specific principle can be a basis for settling all similar specific cases in the future => This means a principle of standing by decisions that have been issued--> maintaining the status quo

THE PRINCIPLE OF THE PRECEDENT = similar cases should be recognised and settled in a similar manner consistent with the grounds and legal reasoning of the previous cases ->

courts are bound by the precedent established by a court of a higher instance -> the precedent may be repealed only by the court which established it or by a court of a higher instance

• Private law and public law.

Дата добавления: 2015-11-14