Mini Topics P1 Flashcards
What is the literal rule? name the key case and external aid used
Using the plain, ordinary literal meaning; even if it leads to an absurd outcome (from Lord Esher). A dictionary of the time is used (Cheeseman v DPP)
What are the adv and disadv of literal rule?
Adv:
-Respects Parlimentary Sovereignty
-Uses exact words so predictable
Disadv:
-More than one meaning
-Can lead to absurd outcomes
What is the golden rule? name the two key cases
Uses golden narrow or golden broad when literal would lead to absurdity.
Narrow chooses between multiple meanings (Allen - ‘marry’), broad avoids a meaning (Sigsworth - ‘next of kin’)
What are the adv and disadv of golden rule?
Adv:
-Avoids absurd outcomes
-Narrow respects sovereignty
Disadv:
-Limited use
What is the mischief rule? name the key case and what established it
Established in Heydons Case 1584
Looks at why parliment passes to act/ what ‘mischief’ did they intent to stop?
(Smith v Hughes)
What are the adv and disadv of mischief rule?
Adv:
-Likely to produce just result
Disadv:
-Takes power away from Parliment
What is the purposive approach? name the key case
Looks beyond the exact words to find what Parliament intended - must be used in EU legislation (Royal College of Nursing v DHSS)
What are the adv and disadv of purposive approach?
Adv:
-Covers new situations such as developments in technology
Disadv:
-Judges should just apply the words enacted not look behind for intention
What are two external aids used in statutory interpretation?
Dictionary - used in literal rule
Hansard - used in mischief and purposive rule
What are the three internal aids used in statutory interpretation?
Short title, Long title and Preambles
What is judicial precedent?
The principle that past decisions of judges create law to be followed by future judges - also known as ‘Case Law’
What is stare decisis?
To stand by what is decided
What is ratio decidendi? name the key case
created by Rupert cross, meaning ‘the reason for the deciding’ - this is binding and must be followed by judges - (R v R)
What is obiter dicta? name the key case
‘Other things said’ - this is not binding but can be persuasive - (Hill v Baxter)
How can precedent be avoided?
By appealing to the Supreme Court of the Court of Appeal
What is distinguishing in judicial precedent? name the key case
A difference found between the old case and the similar case - used to avoid precedent - (Brown) & (Wilson)
What is overruling in judicial precedent?
Higher courts ability to correct lower courts on law - used to avoid precedent - (R v R)
What are the adv and disadv of judicial precedent?
Adv:
-Consistency (in order to be credible)
-Certainty (lawyers can predict)
Disadv:
-Rigidity (lower courts must follow highers)
-Slowness of growth (law cannot be reformed unless the case goes to SC)
What are summary offences? name the court and maximum sentence
The least serious crimes, trialed in Magistrates Court, max 6 months/£5000
What are ‘triable either way’ offences?
Vary in seriousness, trialed in Crown Court if deemed too serious, jurisdiction is not sufficient or D chooses trial by jury
What are indictable offences and where are they trialed?
The most serious crimes, trialed in Crown Court
When can cases be appealed?
On conviction, sentence or a point of law
Where do appeals from the magistrates go?
Crown court - only open to defence for verdict or sentence to vary or reverse decision
High Courts - both can appeal on a point of law
Where do appeals from the Crown Court go?
The Court of Appeal - appealed on a point of law to set precedent but will not affect D’s verdict
