By Brenda Mothersole, Ann Ridley (auth.)
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Additional resources for A-Level Law in Action
The nature and seriousness of unlawful conduct vary widely. So also do the consequences of refusing relief. Hence this is an area where there are not rigid rules. That is the position at common law. It cannot be that, by contrast, equity acts less perceptively, and has a more restricted vision than the common law. It cannot be that equity, rooted in giving relief against unconscionable conduct, shuts its eyes and applies a rigid rule when the common law acts with its eyes open to all the circumstances.
From this usage stems the notion of a common law system, meaning a system based on the decisions made by judges, STUDENT EXERCISE Having read section 4 above, draw up a table to show the differences between civil law on the one hand and criminal law on the other under the following headings: • • • • Aims Procedure Courts Remedies/Sanctions. 16 A-LEVEL LAW IN ACTION which may be contrasted with the civil law systems prevailing in the rest of Europe, where the law is codified. • The law made by judges through their decisions in the cases which come before them, the term being used in contrast to statute law.
And if not, does that mean that there is something gravely wrong with the law?