Court Heirachy, statutory interperation and precedent

Question 1

Precedent

Answer 1

The method by which common law is made by judges in courts. It was developed in the UK and is based on the principle of ‘stare decisis’, to stand by what’s decided. It operates within court heriachy in which future decisions are bound or persuade future judgements where the facts of a case are similar.

Question 2

define statutory interperatation

Answer 2

When the meaning of a statute is decided. Disputes about the meaning of statute law or constitutional law are resolved by courts with original jurisdiction of that area of law.
Const. interperateation are only made by the high court.

Question 3

List the reasons for statutory interperatation

Answer 3

• time & changing circumstances eg. definition of taxi
• drafting errors
• inconsistencies & contradictions within or between Acts - eg. GST Act 1999 has 600 pages (bound to have errors)
• changing word meaning

Question 4

define maxim of interperatation

Answer 4

a maxim is a rule of conduct. Legal maxims are similar to westminster conventions (unwritten rules that guide legal professionals such as judges in their work).

Question 5

What is the Act Interperation Act

Answer 5

Statutes that force judges to interperate other statutes according to a law made by parliment, a firm attempt by parliment to limit judicial discretion in statutory interpretation.

Question 6

Tort of negligence

Answer 6

Negligence is said to occur when a person owes a duty of care to another, but does not act in such a way to ensure the safety of that person.