Chapter 3 - Case Law Flashcards

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1
Q

What is doctrine of justice precedent?

A

judgement of higher court

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2
Q

Law of Will and Succession , how the case is starting for an adult and child ?

A

Adult : Re (name )

Child : Re (name initial )

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3
Q

What is Conjoined case ?

A

when court is considering appeals from 2 separate cases where the points of law are the same

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4
Q

Case names ?

A

Civil Case
Criminal Case
Judicial review case

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5
Q

Hierarch of the court , if someone want to appeal ?

A

They can only go to a higher court to have the case recognised.

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6
Q

Magistrate Courts deals with …?

A

less serious criminal cases (not binding )

Also deal with few civil cases such as council tax

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7
Q

County Court deals with…?

A

less important civil cases ( not binding)

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8
Q

Crown Court deals with .. ?

A

Deal with appeals from Magistrates Court

Hears serous crimes ( not binding however can be persuasive )

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9
Q

The High Court deals with .. ?

A

Bound by decision of Court of Appeal, House of Lords and Supreme Court.
Decisions are binding precedents for the County Court
Not bound by their own decision by strongly persuasive

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10
Q

Divisional Court of the High Court deals with… ?

A

Bound by Court of Appeal, house of Lord and Supreme Court.
Binding on Magistrates Court , the County Court and High Court.
Bound by its own decisions.

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11
Q

Family Court deals with .. ?

A

Have own hierarchy of internal appeals
Bound by Court of Appeal, House of Lords and Supreme Court
Not bound by its own decision, High Court and Divisional Court of the High Court will be persuasive

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12
Q

Court of Appeal deals with … ?

A

Divided in criminal and civil section

Both bound by the House of Lords and Supreme Court.

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13
Q

Supreme Court (preciously House of Lords) deals with …?

A

Its decision are binding on all Courts

Not bound to follow its own decision but persuasive

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14
Q

European Court of Human Rights deals with… ?

A

Decisions are strongly persuasive for all UK courts

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15
Q

Court of Justice of European Union deals with… ?

A

UK courts are bound to follow the Court of Justice of the European Union

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16
Q

Privy council deals with… ?

A

Hears appeals from Commonwealth counties in Caribbean.

Not binding on UK courts but persuasive

17
Q

What is Ratio Decidendi ?

A

The reason for the decision
Binding element
Judges will, in their judgement

18
Q

What is Obiter dicta ?

A

Legal discussion of the judgement

Not biding but are persuative

19
Q
Doctrine of precedent terminology, what are those ?
D
O
D
R
U
A

Distinguish - looking at different facts
Overruling - final decision (no binding anymore)
Disapproval - when judge disagree
Reversing - turn around ruling (360)
Upholding - agreed with previous decision