blah Flashcards
what is ejusden generis ?
of the same kind
what is tort ?
tort is a breach of duty primarily fixed by law where the duty is towards persons generally and its breach is capable of redress by an action for damages
what is contract?
a legally binding agreement between two or more persons whereby each party undertakes specific obligations conferred by the virtue of the agreement.
what are the breaches of ethical commitments?
professional misconduct, unauthorized billing, conflict of interest , unauthorized practice of the law and fraud
ratio decedendi?
this is when the decision of a case before is used to decide a new case
advantages of the literal rule
it promotes certainty, it restricts the rule of the judge, it provides no scope for the judges to use their own opinions or prejudices. reinforce the constitutional position of the judge
disadvantages of the literal rule
creates loopholes in the law, leads to injustice , undermines public confidence in the law
rules when departing from the literal rule
parliament could not have seen the deviation, it is obvious that parliament could not have intended the anomaly, an anomaly must exist
advantages of the golden rule
closes loopholes, often gives a more just result, brings more common sense to the law,error in drafting can be corrected immediately
disadvantages of the golden rule
judges are able to add or change the meaning of the statute therefore becoming lawmakers infringing the separation of powers, judges have no power to intervene for pure injustice where there is no absurdity
advantages of the mischief rule
closes loopholes, allows the law to adapt and develop to changing needs
disadvantages of the mischief rule
creates an crime after the event, gives judges a law making role therefore infringing the separation of powers, judges can bring there own views, sense of moralities and prejudices to a case.
expression unius exclusius alterius
the expressed mention of one thing excludes by implication of the other
noscitur a sociis
this means that meaning of the word can be determined from the context in which it is used
function of tort ?
property rights and associated interest in an individual retaining his own physical health and amenities
elements of contract
each party must give valuable consideration unless the contract is under seal, an intention to create legal relations, each parties must have contractual capacity, the consent of both parties must be genuinely and freely given. the contract must not be for illegal purposes
what is a strict liability offence
an accused with such offence is liable to conviction on the actus reus alone
the function of criminal law ?
prevention of offence to others, defense of the state, protection of property, collection of revenue, protection of institutions, enforcement of public benefit.
what are delegated legislation?
delegated legislation are laws that are made by private bodies which are given the power to do by parliament
example of a delegated legislation
rules of the supreme court
