Law & Government

Question 0

Precedent

Answer 0

A decision being made. (e.g Each time a judge decides that an established rule applies to a new situation, the judge is setting a precedent.)

Question 1

Common Law

Answer 1

Made by the courts; also known as case law or judge - made law.

Question 2

Statute Law

Answer 2

Made by the Parliament.

Question 3

When there is a conflict between common and statute law

Answer 3

Statute law prevails; if common and statue law say two different things, you must obey the statue law.

Question 4

Stare Decisis

Answer 4

The doctrine of a precedent; courts normally follow previous decisions in that court and must follow decisions of higher courts.

Question 5

Ratio Decidendi

Answer 5

The reason for the decision.

Question 6

Orbiter Dictum (plural: orbiter dicta)

Answer 6

Things said by the way. (e.g At the end of a case the judge sometimes make a statement that is not part of the ratio decidendi but will be influenced on decisions in the future.)

Question 7

Binding Precedent

Answer 7

A precedent in a superior court in the same hierarchy, dealing with the same legal principles and material facts.

Question 8

Persuasive Precedent

Answer 8

A percent that is not binding on courts, but are considered noteworthy and highly regarded propositions of law. They are considered by some courts as influential on their decisions.

Question 9

Doctrine

Answer 9

A particular principle, position, or policy taught or advocated as of a religion or government.

Question 10

Doctrine of a Precedent

Answer 10

Process of judges following previous decisions of higher courts.

Question 11

Statutory Interpretation

Answer 11

The role of the courts in interpreting the words, and the general meaning of acts of parliament when the case comes before them and the despite involves a particular piece of legislation.

Question 12

Legislation

Answer 12

1. The act of making or enacting laws.

2. A law or a body of laws enacted.

Question 13

Reasons why a court may need to interpret a piece of legislation.

Answer 13

• The meaning of the words may be ambiguous.
• Act may be silent on an issue and the courts may need to fill in the gaps in the legislation.
• Mistakes can occur during the drafting of the act.
• The meaning of words can change over time.
• The act might not take into account future circumstance.
• An act might not include new types of technology.

Question 14

Effects of statutory interpretation

Answer 14

Statutory interpretation of a particular act does not change the actual words in the act, but only the way they are interpreted.

Question 15

Adversarial System

Answer 15

A court system based on two parties battling to win the case, each acting as the adversary of the other. The role of the adversary system is to provide a procedure for the parties to present their case, in as a fair manner as possible. The “battle” that takes place is controlled by strict rules of evidence and procedure, which must be followed by all parties involved in the case.

Question 16

Hearsay evidence

Answer 16

It might be relevant but it is unreliable because the witness did not actually see or hear it.

Question 17

Irrelevant Evidence

Answer 17

Wastes time; could mislead or refuse the jury.

Question 18

Opinion

Answer 18

A witness cannot give an opinion about the situation unless the witness is an expert in the relevant field.

Question 19

Evidence of bad character

Answer 19

Could prejudice the court. But if one party bring evidence regarding their good character, the other party may bring evidence to the contrary.

Question 20

Prior Convictions

Answer 20

A person should be tried on the circumstances of the present case only.

Question 21

Privileged Information

Answer 21

Conversations between solicitor and client, husband and wife, doctor and patient, Priest and confessor.

Question 22

Evidence Obtained Illegally

Answer 22

Evidence maybe excluded if it has been obtained illegally or is not in the public interest.