Intro To Law Flashcards
What is the policy of the ‘slippery slope’
The idea that a judge’s ruling may be used as precedent in different contexts, resulting in a potential miscarriage of justice
What Is the rule of law that can be taken from ‘The Mignonette’, a story about a cabin boy lost at sea
Necessity is not a defence to murder
In R v Dudley and Stephens the Judge, Lord Coleridge CJ, says: “Though law and morality are not the same, and many things may be immoral which are not necessarily illegal, yet the absolute divorce of law from morality would be of fatal consequence; and such divorce would follow if the temptation to murder in this case were to be held by law an absolute defence of it…..“
In no more than three sentences, explain what Lord Coleridge means in the above statement.
While it would be accurate to say that Lord Coleridge believes law and morality are connected, the best answers will reflect the more complete view of this statement. This view is his recognition that while law and morality are not the same things, they are clearly connected and in his view it is good that law and morality are connected. Both of these things can be identified in the quoted passage through close reading.
Legal philosophy, the study of the law itself is _____
Jurisprudence
What is Law? (1 sentence)
The law is a set of rules that govern society that help us to organise ourselves and regulate our relations in the way that we should be treating each other.
Constitution law, Administrative law, criminal law, industrial law, revenue law is _____
Public law
Contract law, torts, property law, family law, company law, equity, etc is ____
Private law
What is Precedent
A past judicial decision of a court of justice that serves as an example or rule to be followed in subsequent case(s)
Stare decisis is ___
“To stand by decisions and not to disturb settled matters”
When is precedent binding
Precedent by superior court In hierarchy/jurisdiction is binding on inferior court in same hierarchy/jurisdiction
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-Supreme court
-Court of Appeal
-High Court
-District Court
When Is precedent persuasive
Precedent from the same hierarchy but from co-ordinate or inferior court. Or from a different hierarchy (overseas)
