Reading Case Law Flashcards
Under what two circumstances can a court make law?
- Where no statutory provisions apply
- Where legislation requires further interpretation.
What is the term in latin used to describe the act of a court standing by a previous judgment of a superior court?
Stare Decisis.
What is the most authoritative law report in Scotland ?
Session Cases / Justiciary cases (SC / JC)
Other than Session or Justiciary cases what is the most authoritative law report in Scotland?
Scots Law Times (SLT)
What is the most authoritive law report in England
Law Report of Court in Question.
Where is the Court of Justice of the European Union based?
Luxembourg.
What is the role within the Court of Justice of the European Union which advices the court and observes oral arguments and reads all written arguments.
Advocates General.
Are judges bound to follow the advice of the Advocates General?
No.
Are there dissenting and leading judgement in the CJEU?
No. Only one judgement is given.
What is an example of the role of the General Court of the European Union?
Preventing the establishment of monopolies.
Does the General Court have Advocates General?
No.
Whos is always the persuer in cases brought before the CJEU?
The European Commission.
What is the term used to describe the act of a domestic court referring a case with a European dimension to the CJEU
Preliminary reference
How many members are there in the ECHR?
46.
Can a judgement of the ECtHR impact UK law?
No.
