lecture 3 Flashcards

1
Q

hierarchy of law reports

A

official law reports
weekly law reports/ all england law reports
subject-based specialist law reports
other reports
official transcripts of unreported cases

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2
Q

ratio decidendi

A

what forms the binding statement, the reason for the decision

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3
Q

Obiter Dictum/Obiter Dicta

A

statements in the decision that do not relate directly to the material facts, not binding

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4
Q

for doctrine of precedent to work:

A

needs a settled hierarchy of courts
the availability of reliable records of decisions
the identification of rules of law from the decisions in cases

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5
Q

horton v sadler

A

exercise of a discretion to extend the time limit to allow a personal injury claim
lords departed from decision of Walkley v Precision Forgings Ltd

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6
Q

R v Shivpuri

A

appellant had a guilty mind, but was accidentally performing a lawful act.
believed he was carrying heroin but was actually vegetable oil
corrected error in law of previous decision

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7
Q

liberty rule

A

exceptional rule in the criminal division of the CoA which only works in favour of the accused, so an innocent wrongly convicted and a guilty person escaping punishment

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