STUDENT WORKBOOK: Write name here

COMMON LAW

KEY TERMS TO REMEMBER:

CUSTOMARY LAW: The law established over a long period of time by the habitual use by a
group of people. To make legally-binding, ‘customary’ laws still have to go through
Common Law or Statute Law codifying process (forming a legal code).
STATUTE LAW (Legislation): The laws made by the body (Federal & State Parliaments),
recognised by the legal system, as having supreme power and authority to make laws.

COMMON LAW (aka ‘Judge made law’ or ‘Precedent’ Law): The law developed by
the courts that has evolved through judicial decision and practice (Precedent).

GENESIS OF A LEGAL SYSTEM

The basic requirements to develop a
legal system are that there should be:
 A body of laws,
 Some institution or process with
the authority to administer &
enforce them,
 Some source with power necessary
to create and alter those laws.
Over time, Australia developed its
own system of courts and law as it
became independent from Britain.
ADVERSARIAL VS INQUISITORIAL
ADVERSARIAL SYSTEM: Parties in a trial
are opponents (adversaries) who, to win
the case, must prove their version of
events. The judge is an impartial
decision-maker or referee.
INQUISITORIAL SYSTEM: The judge is
very actively involved in asking
questions, calling on evidence and
determining the direction of the case.
And in deciding guilt or innocence.

AUSTRALIA’S LEGAL SYSTEM USES:

DOCTRINE PRECEDENT (What if no law currently exists? Is ‘action’ then legal?)

As the world becomes more complex, new events/incidences occur where someone feels
a wrong has been done to them. Without specific Statute Laws, it might seem that the
incident is legal. But maybe not. Society doesn’t have to wait until the politicians get their
act together.
Judges can resolve disputes on the basis of prior legal decisions in ‘similar’ cases. If no
previous case examples, then judge’s decision creates the precedent. This ensures a
consistent approach to justice. In future similar cases, Judges thus follow prior relevant
precedents.

AUSTRALIA’S NUMBER 1 CASE:

QUESTION:
After online research, write 4-5 sentences summarising ‘Australia’s Number 1 Case’
identified in the presentation. Write your sentences in the space below.
 THREE FAMOUS CASES OF PRECEDENTS (AND VIDEOS)

For each of the three cases below, watch the video provided in Google Classroom first. Then summarise
the case in the space below. Finish with a clear statement about what precedent the case founded.
CASE 1: CARLILL V CARBOLIC SMOKE BALL COMPANY (Useful in time of Covid-19)
CASE 2: DONOGHUE V STEVENSON

CASE 3: GRANT V AUSTRALIAN KNITTING MILLS (Also, identify how Case 1 is connected to this case)

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