Judical precedent

Question 1

What does delegated legislation mean?

Answer 1

When power to make a law is passed down to someone else other than parliment

Question 2

How is authority to make a law made clear

Answer 2

Parliament specify who they are giving authority to in the ‘parent act’

Question 3

what is the Parent act also known as

Answer 3

The enabling act

Question 4

What are the three types of delegated legislation

Answer 4

statutory instruments, orders in council, by-laws

Question 5

What are statutory instruments

Answer 5

are provided by government departments and made by government ministers who can make more detailed orders, rules or regulations. (enabling act specifies which minister has the power to do this)

Question 6

What are the 4 different types of Statutory interpretation

Answer 6

Literal rule, golden rule, mischief rule, purposive approach

Question 7

What act is an example of Statutory instruments

Answer 7

Dangers dogs act 1991

Question 8

What is the literal rule

Answer 8

Must use the dictionary, the literal meaning must be followed even if the result is absurd.

Question 9

What is the case for the Literal rule

Answer 9

LNER v Berriman

Question 10

What is the golden rule

Answer 10

is a modification of the literal rule to prevent an absurd outcome from occurring.

Question 11

describe the wide approach

Answer 11

is when a word has a meaning that would cause absurdity but the judge modifies the meaning to avoid this.(Re sigsworth)

Question 12

describe the narrow approach

Answer 12

is when a word or phrase has more than one meaning and the judge selects the meaning that avoids absurdity.

Question 13

What is the mischief rule

Answer 13

Judges look for the MISCHIEF that an act was made to solve and they should look to interpret it to ensure the correct outcome occurs in court.(Royal college nursing v DHSS)

Question 14

What is stare decisis

Answer 14

Means stand by what is decided. Judges will use previous cases to guide them to make the correct judgment.

Question 15

Ratio decidendi

Answer 15

Means the reason for deciding. At the end of a case a judge will~give a summary of the case, review arguments from both parties, explain the principles of law being used to come to the decision

Question 16

Why do judges use Ratio decidendi

Answer 16

It creates the precedent for later judges to follow. Higher courts have authority over lower courts so they must follow the higher courts precedent.

Question 17

obiter dicta

Answer 17

Means other things said. The remainder of the judgement is explained by the judge

Question 18

What is binding precedent

Answer 18

The decision that must be followed as it came from a senior court

Question 19

what is the persuasive precedent

Answer 19

Not binding but judges may consider previous cases to make a judgement

Question 20

what is original precedent

Answer 20

if a point of law arises that as never been seen before the judges decision will form a new precedent for future cases.

Question 21

What is Orders in council

Answer 21

A form of delegated legislation that is makes new laws by the king and the privy council and they are used to make emergency laws

Question 22

What case would be used for Orders in council

Answer 22

Terrorism act 2001

Question 23

what are by laws

Answer 23

by laws are created by local councils or private organisations and these normally focus on concerns of the local area

Question 24

What act is made by By-Laws

Answer 24

Clean neighbourhood act 2005