Judiciary Flashcards
1
Q
What is a precedent?
A
- Past decisions made by judges to create a law.
- Based on following judges decisions (stare decisis).
2
Q
What are the two exceptions to following precedent?
A
- Distinguishing
- Overruling
3
Q
What is distinguishing?
A
- When judge thinks there are significant difference in facts of case.
- E.g. Read v Lyons (1947).
4
Q
What is overruling?
A
- When higher court decides that decision of lower court was wrong.
- E.g. R v R (1992), marital rape.
5
Q
What case links with distinguish?
A
Read v Lyons (1947)
6
Q
Which case links with overruling?
A
R v R (1992), marital rape.
7
Q
What is the literal rule?
A
- Judges should use literal meaning of rule.
- E.g. R v Maginnis (1987)
8
Q
What is the golden rule?
A
- Allows court to modify literal meaning.
- E.g. Adler v George (1964).
9
Q
What is the mischief rule?
A
- Allows court to enforce what statute was intended to achieve.
- E.g. Licensing Act (1987), offence to be drunk in charge of a carriage.
10
Q
What case links to the literal rule?
A
R v Maginnis (1987)
11
Q
What case links to the golden rule?
A
Adler v George (1964)
12
Q
What act links to the mischief rule?
A
The Licensing Act (1987)
