Law (tort law and remedies)

Question 1

what is judicial precedent?

Answer 1

a principle or a rule established in a legal case

Question 2

who makes legislation

Answer 2

the government

Question 3

what is precedent

Answer 3

when the courts make a ruling all the other courts below it should follow

Question 4

what is stare deceisis

Answer 4

stand by the decision

Question 5

what is ratio decindendi

Answer 5

reason for decision

Question 6

what is obiter dictum

Answer 6

by the way

Question 7

name the court heirarchy for civil

Answer 7

supreme court
court of appeal
divisional courts of the high court
high court
county court
court of the first instance

Question 8

name the court hierarchy for criminal

Answer 8

supreme court
court of appeal
KBD of the high court
crown court
magistrates court

Question 9

what are the 3 types of precedent

Answer 9

binding , original and persuasive

Question 10

what is binding precendent and what example can you give?

Answer 10

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)

Question 11

what is original precendent and what example can you give?

Answer 11

where no binding precdent is being followed

For example hunter vs canary wharf

Question 12

what is persuasive precedent and what sources can it come under to be made?

Answer 12

This is not a binding but it can be persuaded

sources:
courts lower in hierarchy
divisions of the justice comittee of the privy council

Question 13

what is a pecuniary loss and give a example

Answer 13

losses that can be easily calculated in many term

example:cost of hired car or damaged property

Question 14

what is a non pecuniary loss and give a example

Answer 14

losses that are not money based - difficult to quanitify

examples: pain and suffering caused by injury or loss of amenity

Question 15

what are special damages and give a example

Answer 15

amounts which can be calculated specifically up to date from court hearing

examples:
vechile repairs, costs of hiring a car

Question 16

what are general damages and give a example

Answer 16

amounts for non pecunairy losses. looking beyond court hearing

example: an arbitary amount for pain and suffering

Question 17

what types of sums are there?

Answer 17

lump sums and structured settlements

Question 18

what is a lump sum?

Answer 18

for claims focused on pain and suffering or loss of amenity

Question 19

what is a structured settlement?

Answer 19

periodical payments which can be per month or year

Question 20

what is a injuction?

Answer 20

are a discretionary remedy , meaning the judge can award it - it is not a right - it is a court order

Question 21

what are the three divisional courts of the high courts?

Answer 21

KBD , family division and chancary

Question 22

What is contributary negligence?

Answer 22

-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