AC1.1 judicial processes DONT DO

Question 1

types of judicial processes

Answer 1

judicial precedent and statutory interpretation

Question 2

judicial precedents

Answer 2

source of lawmaking where past decisions of judges creates laws for future judges to follow

Question 3

exceptions to precedent

Answer 3

1. distinguishing, if facts of a case are similar, precedent from earlier case is binding on present case
2. overruling, where court higher up states a legal decision in an earlier case is wrong and overturns it

Question 4

case for judicial precedent and statutory interpretation

Answer 4

JP- Daniels v White (drank lemonade can, corrosive elements from can caused injury)

SI- Donoghue v Stevenson

Question 5

statutory interpretation

Answer 5

judges interpret meaning of words and apply them to case they are judging

Question 6

types of statutory interpretation

Answer 6

1. literal rule
2. golden rule
3. mischief (enforce what statute intended to achieve, rather than what words actually say)