Judicial law making

Question 1

Define precedent

Answer 1

Past decisions made by judges create laws to be used in future cases

Question 1

What are the two ways that judges can make laws

Answer 1

precedent
statutory interpretation

Question 2

Define statutory interpretation

Answer 2

a statute is a written law which judges read and can lead to the creation of future laws based on its interpretation

Question 3

Provide an example of precedent

Answer 3

R v Howe 1987
The judge ruled that Duress is not a defence for murder. This then became law through precedent.

Question 4

Second example of precedent

Answer 4

Donoghue v Stevenson

Question 5

what are the two reasons judges may not follow precedent ?

Answer 5

Distinguishing
Over-ruling

Question 6

Define distinguishing

Answer 6

If the judge can distinguish the differences between cases then they do not have to follow the precedent.

Question 7

Define over-ruling

Answer 7

Higher courts can over-rule lower courts decisions

Question 8

Name the three types of statutory interpretation

Answer 8

Golden rule
mischief rule
Literal rule

Question 9

Define literal rule

Answer 9

Where judges use the everyday dictionary meaning of the words in the law.

Question 10

Define mischief rule

Answer 10

The court can apply what the law intended in a broader sense rather than what it states.

Question 11

Define golden rule

Answer 11

A modification of the literal rule to stop any strange outcomes. “In the vicinity of a building” wouldn’t include actually inside

Question 12

Provide case for mischief rule

Answer 12

corkery v carpenter

Question 13

Provide case for golden rule

Answer 13

adler v george

Question 14

Provide case for literal rule

Answer 14

Whiteley v Chappell