C3 - Importance Of English Law

Question 1

Common law

Answer 1

Same remedy for each wrong doing - money

Question 2

Equity

Answer 2

Fairness - multiple remedies

Question 3

Statutory interpretation

Answer 3

Effectiveness of statute depends

On court interpretation

Question 4

Approaches to statutory interpretation

LITERAL RULE

Answer 4

Parliament - supreme law maker

Words given ordinary meaning

1969 report criticised - doesn’t give due weight to wider context of law maker, leg writers not take into account facts/circumstances judges consider
No room for difference of opinion

Question 5

Golden rule

Answer 5

Judge can depart from literal meaning
Literally meaning can lead to absurd result
R V Allen

Question 6

Mischief rule

Answer 6

Statue interpreted with regard to intent of makers 
Hey dons case - judge consider:
- law before act passed 
- Problem act trying to remedy
- remedy parliament trying to provide

Question 7

Contextual rule

Answer 7

Words should be interpreted in context

Statue purpose considered when interpreting words

Question 8

Judicial precedent

Answer 8

Judge bound to follow precedent, provided no material differences
Stare deicis - Maxims - let decision stand
Ratio decedendi - reason behind the decision - of a case binding on future decision

Question 9

Followed precedent

Answer 9

H - hierarchy of court
R - ratio decedendi
M - material facts are same

Question 10

Not followed

Answer 10

M - made incurium - without care and attention
O - overruled by statute
O - overruled by higher court 
O - orbiter dicta
D - differences material

Question 11

Adv of precedent

Answer 11

F - facts about actual events
E - efficient
C - consistent

Question 12

Disadv of precedent

Answer 12

U - uncertain facts
U - unfair - appeal is costly
U - unconstitutional