Judicial Processes of Law making Flashcards
What is judicial prededent?
A record of all the past decisions made by judges on criminal cases
What does judicial precedent do
creates consistency and fairness and common law
What are the two exceptions to precedent
Distinguishing - legal principles are different
Overruling - higher court states that a legal decision in a case was wrong and overturns it
What was the R v R 1992 case
Martial rape - Husband had been convicted or rape of his wife and appealed on the grounds that century old precedent which gave the wife’s consent in marriage
Define statutory interpretation.
Judges way of interpreting the law then applying it to a case
What are the 3 types of statutory interpreatation?
Literal rule, Golden Rule, Mischief Rule
What is the literal rule?
The literal meaning of the law and this should be used every day.
What is the golden rule?
Allows for the interpretation to be modified to avoid absurd results
Explain the case of Alder V George
Under the official secrets act it is an offence to obstruct HM Forces in the vicinity of a prohibited place. Alder argues he wasn’t in the vicinity he was in the base. Court applied golden rule and he was convicted
What is the mischief rule?
Allows a court to enforce what the statue laws was intended to achieve
Explain the case of Corkey V Carpenter
Licensing act 1872 makes it an offence to be in charge of a carriage on a highway whilst drunk. Corkey was found guilty of of this even though he was on a bike. The court argued the law was to prevent the use of any form of transport whilst drunk so used the mischief rule to convict.
