Law (tort law and remedies) Flashcards
To master everything in the a level
what is judicial precedent?
a principle or a rule established in a legal case
who makes legislation
the government
what is precedent
when the courts make a ruling all the other courts below it should follow
what is stare deceisis
stand by the decision
what is ratio decindendi
reason for decision
what is obiter dictum
by the way
name the court heirarchy for civil
supreme court
court of appeal
divisional courts of the high court
high court
county court
court of the first instance
name the court hierarchy for criminal
supreme court
court of appeal
KBD of the high court
crown court
magistrates court
what are the 3 types of precedent
binding , original and persuasive
what is binding precendent and what example can you give?
where a decision was made in a earlier case and that must be followed by a more senior court
For example donaghue vs stevenson (1932)
what is original precendent and what example can you give?
where no binding precdent is being followed
For example hunter vs canary wharf
what is persuasive precedent and what sources can it come under to be made?
This is not a binding but it can be persuaded
sources:
courts lower in hierarchy
divisions of the justice comittee of the privy council
what is a pecuniary loss and give a example
losses that can be easily calculated in many term
example:cost of hired car or damaged property
what is a non pecuniary loss and give a example
losses that are not money based - difficult to quanitify
examples: pain and suffering caused by injury or loss of amenity
what are special damages and give a example
amounts which can be calculated specifically up to date from court hearing
examples:
vechile repairs, costs of hiring a car
what are general damages and give a example
amounts for non pecunairy losses. looking beyond court hearing
example: an arbitary amount for pain and suffering
what types of sums are there?
lump sums and structured settlements
what is a lump sum?
for claims focused on pain and suffering or loss of amenity
what is a structured settlement?
periodical payments which can be per month or year
what is a injuction?
are a discretionary remedy , meaning the judge can award it - it is not a right - it is a court order
what are the three divisional courts of the high courts?
KBD , family division and chancary
What is contributary negligence?
-Partial defences to the claims of negligence and occupiers liability
-any damages awarded to c can be reduced according to the extent which they had contributed
-judge will decide if the percentage for responsibility on c then reduce the amount by the percentage
