Common law
Common law
Common law
Common law
Australia's legal system was basically adopted from the British legal system along with common law.
Common law originated in and was developed in England as the head of the British Empire. It is based on doctrines established in court decisions (precedent) rather than on any written legal code, though statute is paramount and supreme to this 'common law'. This system is opposed to that originating from the Roman Empire called the Civil law system. This civil system is based on an inquisitorial system of law, whereas the common law system of British heritage is based on the adversarial system of law.
The English Common Law was important in the development of the American System of Criminal Justice System. Th English Common Law was chosen by the judges and courts. The English Common Law provides presidential weight on the common law and requires that all acts committed be treated the same and not different on different occasions.
In a common law system, laws are developed through court decisions and precedent, while in a civil law system, laws are codified in statutes. The application of legal principles in a common law system relies heavily on past court decisions, while in a civil law system, it is based on interpreting and applying statutes and codes.
The Common Law
Common law.
The Common Law
Common law focus' on precedent and makes decisions based on previous similar cases- although I'm not sure if "custom" falls into the same category