AC 1.1

Question 1

the forms of judicial processes

Answer 1

Judicial law making

statutory interpretation

Question 2

What is Judicial law making

Answer 2

Judicial law making is when a law is created by a judge in court. When a case appears before them they must make a judgement and this forms the law.

The law must be applied consistently by the judges and use the same principles in similar cases, the law must be common in all cases hence why it became the common law.

An example of judicial law making using same principles in similar cases is Donoghue v Stephenson(1932) and Daniels v White (1938),

This is when in the Donoghue v Stephenson the women drank a bottle of ginger beer and found a decomposing snail which led to the women falling ill and suing the manufacturers and the judge had decided the duty of care fell under the manufacturer

then in 1938 a similar case took place daniels v white, the claimant purchased a bottle of lemonade and drank it and then had a reaction as the lemonade has corrosive metal in The case of Donoghue v Stevenson was used when suing, as it had set a precedent.

Question 3

What is statutory interpretation

Answer 3

Statutory Interpretation is an alternative way a judge can make a law, it is where judges in superior courts are called upon to interpret words and phrases that are vague, out of date or just really difficult to understand, in the way that they seem fit,

They also have various rules and aids to help them see words and phrases in a way they seem fit.