Public Law - sources of law Flashcards
What is the meaning of ‘stare deisis’?
Binding precedent
When is a precedent established?
As soon as a ‘point of law’ has been decided by a superior court
What 2 things can precedent be?
Binding: must be followed
Persuasive: considered by later court & may be followed
What is the meaning of ‘ratio decidendi’?
Reason for the decision - the part that is binding
What is the meaning of ‘obiter dictum’?
Judge comments on an area of law which is not necessary to reach a decision on - not seen as binding
When may a court ‘distinguish’ from precedent?
By finding a difference in the material facts
What is the difference between ‘reversed’ and ‘overruled’?
Reversed: case goes to appeal & higher court disagrees with lower court
Overruled: higher court in later case decides original precedent is wrong & sets new precedent
What are the rules of precedent for each court?
MC, Crown & County = not binding
First Tier Tribunal = not binding but may be persuasive
Upper Tribunal = binding on 1st Tier Tribunal, inferior courts & itself
High Court = inferior courts & itself (except decisions taken by single judge)
CoA = inferior courts & itself
Supreme = inferior courts & itself
What are the 2 types of legislation?
Primary: Acts of Parliament
Secondary: laws created by ministers under powers of Acts
What are the 2 types of primary legislation?
Public: matters of general public concern
Private: particular people or places
What is the structure of an Act of P?
Short Title
Long Title
Date Enacted
Subject Matter grouped into Parts
What are the 4 approaches of statutory interpretation?
Literal Rule: words given ordinary, plain & natural meaning
Golden Rule: take whole of statute together & construe it all together, giving words their ordinary signature - unless it produces absurdity/inconsistency
Purposive Approach (most common now): first consider ordinary meaning in general context of statute & then other possibilities where absurdities result
Mischief Rule: what was law before act pass to discover what gap the act was intended to cover
What 3 linguistic presumptions are there and their meaning?
Expressio Unius Est Exclusion Alterius (Exclusion of another): list of terms w/ no general words following - P only intended to include those items
Ejusdem Generis (of the same kind): generic list followed by general words - same kind of objects (common characteristics) to specific words
Noscitur a Sociis: not followed by general words, words understood in context of statute itself
