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Question 1

Define Judicial precedent

Answer 1

judicial Precedent is when lower courts will use past decisions made by higher courts in similar cases.

Question 2

Define Statuory Interpretation

Answer 2

Statuory Interpretation is a list of rules where Judges must follow this so they can interpretate what the ‘statue’ means.

Question 3

List the 3 types of rules used with Statuory interpretation?

Answer 3

1. Literal rule
2. Golden rule
3. Mischief rule

Question 4

Define Ratio Decidendi

Answer 4

Ratio Decidendi is a latin word and means ‘Rational Decisions’. It means the rationale on Judicial Decisions.

Question 5

Define Purposive Approach

Answer 5

Purposive Approach means looking at the Mischief rule from the Statuory Intrepretation but looking at the whole act rather than the ‘gap’/’mischief’

Question 6

Define Common Law

Answer 6

Common Law means laws made by Judicial Precedent and is a single set of laws used by the whole country.

Question 7

What are the two types of Judicial Percendents?

Answer 7

1) Binding Percendent
2) Persausive Percendent

Question 8

Define Binding Percendent

Answer 8

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

Question 9

Define Persuasive Percendent

Answer 9

The lower court does not have to obey to the higher court but may use it as a form of persusion.