English Case Law Flashcards
chapter 3
What is the primary role of a judge according to Francis Bacon?
To suppress force and fraud and make inequality equal, ensuring a just outcome
What is the concept of ‘habeas corpus’?
The doctrine that imprisonment without suitable justification is unlawful.
What did the court decide in R v Dudley and Stephens (1884)
That it was not justifiable to murder someone to save your own life, finding the defendants guilty of murder, even though the sentences were later commuted. The court also noted that the law and morality are not the same.
What was the key issue in the cases of Henn and Darby and Conegate?
Whether the import of certain goods (videos and dolls respectively) was lawful, based on whether they were legal in the UK at the time
What is meant by “Parliamentary Sovereignty”?
The principle that Parliament is supreme and can pass whatever laws it likes, with courts generally deferring to this
What was the significance of Somerset v Stewart (1772)?
It was a case that laid the foundations for future decisions on slavery by suggesting slavery was contrary to the laws of England.
What did the court decide in Constantine v Imperial London Hotels Ltd (1944)?
That the hotel’s refusal to accommodate Learie Constantine was unlawful discrimination. The court relied on common law to find that the claimant had a right which was violated
What was the outcome of The Case of Monopolies (1602)?
The court declared a monopoly granted by the Crown to be unlawful, reinforcing the importance of free trade and competition.
What was the key issue in Osborn v Gillett (1873)?
The court’s decision highlighted a view that people could be considered akin to possessions, as it restricted the ability of a father to claim for damages after his daughter’s death.
What did the House of Lords decide in R v R (1992)?
They ruled that a husband could be convicted of raping his wife, overturning the previous legal fiction that a husband could not rape his wife.
What is the “rule of law” in the context of judicial decision making?
Judges are principally guided by the rule of law, and they should consider the relevant facts and the relevant law, and come to a decision in the interests of justice.
According to the text, what are some of the things judges may consider when making a ruling in a court case?
Judges may consider facts, society, morality, ethics, the rule of law, other case law, and statute when making their rulings.
