ac1.1 Flashcards
Define Judicial precedent
judicial Precedent is when lower courts will use past decisions made by higher courts in similar cases.
Define Statuory Interpretation
Statuory Interpretation is a list of rules where Judges must follow this so they can interpretate what the ‘statue’ means.
List the 3 types of rules used with Statuory interpretation?
- Literal rule
- Golden rule
- Mischief rule
Define Ratio Decidendi
Ratio Decidendi is a latin word and means ‘Rational Decisions’. It means the rationale on Judicial Decisions.
Define Purposive Approach
Purposive Approach means looking at the Mischief rule from the Statuory Intrepretation but looking at the whole act rather than the ‘gap’/’mischief’
Define Common Law
Common Law means laws made by Judicial Precedent and is a single set of laws used by the whole country.
What are the two types of Judicial Percendents?
1) Binding Percendent
2) Persausive Percendent
Define Binding Percendent
A Binding Precendent which a court must obey to in the adjudication of the case. A lower court is bound by the decision of the higher court during the same jurisdication
Define Persuasive Percendent
The lower court does not have to obey to the higher court but may use it as a form of persusion.
What are the two ways we can make laws?
- Govermental processes
- Judicial processes
What are the two papers involved in the governmental processes?
The two papers involved in governmental processes are the green paper and the white paper.
What is the purpose of green paper in governmental processes?
The green paper is a consultation document and states ideas for a potential bill
What is the purpose of white paper in governmental processes?
The white paper is a document which states the aims and objectives of the bill.
Name the 1st stage in the governmental processes
The 1st stage in the governmental processes is the 1st reading
What happens during the 1st reading (governmental processes)?
The bill will be introduced in either the house of commons or the house or lords, the aims and objectives will be stated. A first vote will happen
Name the 2nd stage in governmental processes
The 2nd stage in governmental processes is the 2nd reading
What happens during the 2nd stage in the governmental processes?
A debate will happen in regards to the bill and a 2nd vote will happen
Name the 3rd stage in the governmental processes
The 3rd stage in the governmental processes is the committee stage.
What happens during the committee stage in governmental processes?
The committee stage is when the bill goes to a small committee and the bill is discussed, advise on any ammendments
What is the fourth stage of the governmental processes?
The fourth stage in the governmental processes is the report stage.
What happens during the report stage in the governmental processes?
The report stage is when the small committee reports back any findings, and this goes to BOTH houses of parliament
What is the fifth stage in the governmental processes?
The fifth stage in the governmental processes is the third reading
What happens during the third reading in the governmental processes?
The third reading is when there is a final vote about the bill.
What is the sixth stage in the governmental processes?
The sixth stage in the governmental process is the lords/repeating process
What happens during the lords/repeating process stage in governmental processes?
It will go to either the house of commons or house of lords and the stages are repeated
What is the last stage of the governmental processes?
The last stage of the governmental processes is the royal assent
What happens during the royal assent stage during the governmental processes?
The monarch will sign the bill.
Define the mischief rule
The judge looks at the law and questions “what was it meant to solve?” and will look at a specific issue it was meant to solve
Define the purposive approach
Purposive approach is similar to the mischief rule but it looks at the whole “act” rather than “gaps”
Define the literal rue
The judge will interpret the wording of the legislation “literally” - by the definition of the dictionary
Define the golden rule
The word can be interpretated differently if the literal meaning is ‘absurd’
DPP vs Cheeseman
What was the law?
Town police clause act 1847, S28
DPP vs Cheeseman
What happened?
Police officer witnessed man masturbating in public lavatory
DPP vs Cheeseman
What statuary interpretation rule?
The statuary interpretation rule was the literal rule
Re sigsworth 1935
What law?
Administration of estate act 1925
Re Sigsworth 1935
What happened?
Son tried to kill mother to earn her estate
Re sigsworth 1935
What was the statuary interpretation rule?
The statuary interpretation rule was the golden rule, if literacy rule was applied then it would mean he would get the estate
Smith vs Hughes
What was the law?
Section 1 (1) of street offence act 1939
Smith vs hughes
What happened?
Women getting mens attention through the window
Smith vs hughes
What statuary interpretation rule was applied?
The mischief rule was applied. - while they weerent on the streets they were still bothering individuals on the street
