Lecture 2 Flashcards
empirical development depends on…?
judges
empirical = ?
based on observation or experience
lord mansfield developed…?
commercial law
lord halsbury developed…?
company law
lord lindley developed…?
partnership law
lord atkin developed…?
negligence law
lord denning developed…?
contract law
common law is a system based on certain advantageous features such as…?
courts are held in public
judges had to give reasons for decisions
doctrine of judicial precedence
equity = ?
fairness, equality
why was equity a necessary development of common law?
as generally, the common law only gave damages as a remedy
examples of equity remedies?
injunctions
specific performance
trusts
tracing
recession of contracts
injunctions = ?
an authoritative warning or order
ratio decidendi = ?
the reason for the decision
obiter dicta = ?
words said by the way - a passing remark
not part of ratio decidendi
why is a system based on judicial precedence flexible?
because judges may not follow a precedent and may distinguish it on the facts
what is a possible disadvantage of judicial activism?
the judges make the law
2 parts of judicial decision making?
ratio decidendi
obiter dicta
bill = ?
a draft piece of legislation
must go through a particular process to become law
what is the highest form of legal authority?
acts of westminster parliament
they cannot be challenged by judges or other authorities
bill = ?
draft pice of legislation
must go through a process for them to become law
once they go through this process, they are known as acts of parliament, statutes or legislation
many bills don’t become statutes
codifying acts = ?
bring together all the law, from statutes & cases on a given topic
consolidating acts = ?
law enacted in several statutes is re-enacted as one statute
amending act = ?
these acts change the law as necessary
secondary legislation = ?
known as delegated legislation
includes statutory instruments, orders in council and by-laws
delegated legislation carries the full force of the law
basic court structure / court hierarchy for criminal cases?
supreme court > court of appeal > crown court > magistrates court
basic court structure / court hierarchy for civil cases?
court of appeal > high court of justice > county courts > supreme court
three types of acts of parliament?
amending act
codifying act
consolidating act
secondary legislation?
delegated legislation
e.g., statutory instruments, orders in council, by-laws
primary legislation?
legislation that holds the highest level of legal authority
therefore cannot be challenged
e.g., act of westminster parliament
