CASE LAW

Question 1

PARLIAMENTARY LAW MAKING:
Give an example Act on how Law reform bodies make law

Answer 1

the Firearms (amendment Act 1997 banning private ownership of most handguns due to a tragic accident of 16 children being massacred.

Question 2

PARLIAMENTARY LAW MAKING:
Give an example Act on how pressure groups and public opinion have made law

Answer 2

Disability Discrimination Act 1995
which allowed those with certain disabilities to have certain rights in relation to employment.

Question 3

LEGAL PERSONNEL:
Give an example case where a magistrate clerk was involved in the decision

Answer 3

R v Eccles Justices
The queens bench divisional court quashed convictions because the clerk had participated in the decision making process.

Question 4

JUDICIAL PRECEDENCE :
Give an example case made by original precedence

Answer 4

Urquart v Tate modern (2020)
Some residents felt that the Tate museum brought visitors that would look at their homes. The COA set a precedence that overlooking was not counted as nuisance

Question 5

JUDICIAL PRECEDENCE:
Give an example case made by Persuasive precedence

Answer 5

R v R
The SC ruled that a husband can be guilty of raping his wife and agreed with the COA (lower court).

Question 6

JUDICIAL PRECEDENCE:
Give an example case made by persuasive precedence on obit dicta

Answer 6

R v Howe and later R v Gott
The judge made an obiter (comment) that the term “duress” was a defence against a criminal charge however this cannot. be used in murder. The COA agreed with this.

Question 7

JUDICIAL PRECEDENCE:
Give an example case made by persuasive precedence from the privy council

Answer 7

Jersey v Holley
a majority of the privy council (6/9) believed that a person should be judged with the understanding of having normal powers of self control.

Question 8

JUDICIAL PRECEDECNE:
Give an example case from Practice statement

Answer 8

R v Caldwell and later R v R and G
The HOL overruled the decision made in R v Caldwell about a person realising that there’s a risk which leads to recklessness

Question 9

JURY TRIAL:
Give an example case of Jury tampering

Answer 9

R v Twomey and others
There had been 3 attempts to tampering with the jury

Question 10

JURY TRIAL:
Give an example case of Jury secrecy

Answer 10

R v Mirza
The defendant was a Pakistani and it was alleged that the translator was used as a ‘ploy’

Question 11

JURY TRIAL:
Give an example case of Jury in civil cases

Answer 11

Ward v James (personal injury case)
In this case the claimant claimed for injuries caused in a road crash

Question 12

JURY TRIAL:
Give an example case of a majority verdict

Answer 12

R v Pigg
The COA held that the foreperson should mention the majority verdict which should be 11-1 or 10-2.

Question 13

JURY TRIAL:
Give an example case of internet influences in a trial

Answer 13

R v Karakaya
A juror searched online about the case and brought it into the jury room .

Question 14

JUDICIAL PRECEDENCE:
Give example cases of distinguishing

Answer 14

Merritt v Merritt but before Balfour v Balfour
About marriage being a legal contract and not a domestic arrangement (Merritt)

Question 15

JUDICIAL PRECEDENCE:
Give example cases of Overruling

Answer 15

Pepper v Hart and earlier was Davis v Johnson
The HOL overruled the decision in D v J on the use of Hansard when making a decision.