Lecture 2

Question 1

empirical development depends on…?

Answer 1

judges

Question 2

empirical = ?

Answer 2

based on observation or experience

Question 3

lord mansfield developed…?

Answer 3

commercial law

Question 4

lord halsbury developed…?

Answer 4

company law

Question 5

lord lindley developed…?

Answer 5

partnership law

Question 6

lord atkin developed…?

Answer 6

negligence law

Question 7

lord denning developed…?

Answer 7

contract law

Question 8

common law is a system based on certain advantageous features such as…?

Answer 8

courts are held in public

judges had to give reasons for decisions

doctrine of judicial precedence

Question 9

equity = ?

Answer 9

fairness, equality

Question 10

why was equity a necessary development of common law?

Answer 10

as generally, the common law only gave damages as a remedy

Question 11

examples of equity remedies?

Answer 11

injunctions
specific performance
trusts
tracing
recession of contracts

Question 12

injunctions = ?

Answer 12

an authoritative warning or order

Question 13

ratio decidendi = ?

Answer 13

the reason for the decision

Question 14

obiter dicta = ?

Answer 14

words said by the way - a passing remark

not part of ratio decidendi

Question 15

why is a system based on judicial precedence flexible?

Answer 15

because judges may not follow a precedent and may distinguish it on the facts

Question 16

what is a possible disadvantage of judicial activism?

Answer 16

the judges make the law

Question 17

2 parts of judicial decision making?

Answer 17

ratio decidendi
obiter dicta

Question 18

bill = ?

Answer 18

a draft piece of legislation

must go through a particular process to become law

Question 19

what is the highest form of legal authority?

Answer 19

acts of westminster parliament

they cannot be challenged by judges or other authorities

Question 20

bill = ?

Answer 20

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

Question 21

codifying acts = ?

Answer 21

bring together all the law, from statutes & cases on a given topic

Question 22

consolidating acts = ?

Answer 22

law enacted in several statutes is re-enacted as one statute

Question 23

amending act = ?

Answer 23

these acts change the law as necessary

Question 24

secondary legislation = ?

Answer 24

known as delegated legislation

includes statutory instruments, orders in council and by-laws

delegated legislation carries the full force of the law

Question 25

basic court structure / court hierarchy for criminal cases?

Answer 25

supreme court > court of appeal > crown court > magistrates court

Question 26

basic court structure / court hierarchy for civil cases?

Answer 26

court of appeal > high court of justice > county courts > supreme court

Question 27

three types of acts of parliament?

Answer 27

amending act
codifying act
consolidating act

Question 28

secondary legislation?

Answer 28

delegated legislation

e.g., statutory instruments, orders in council, by-laws

Question 29

primary legislation?

Answer 29

legislation that holds the highest level of legal authority

therefore cannot be challenged

e.g., act of westminster parliament