remedies , enforcement and access to law

Question 1

what is a judicial review

Answer 1

deals with the authority of lower court/tribunal to make a decision (jurisdiction); whether correct procedures followed

Question 2

the 2 stage application process for judicial review

Answer 2

ex parte application for leave to proceed; application for judicial review itself.

Question 3

intra vires

Answer 3

within powers

Question 4

ultra vires

Answer 4

outside powers

Question 5

nemo judex in causa sua

Answer 5

rules of natural justice/fair procedures; unbiased

Question 6

audi alteram partem

Answer 6

opportunity to prepare case/have it heard

Question 7

Certiorari

Answer 7

quash decision

Question 8

Mandamus

Answer 8

order to fulfil a legal obligation

Question 9

Prohibition

Answer 9

preventing lower court from doing something

Question 10

Habeas Corpus

Answer 10

an order requiring the production of a person in court to determine whether s/he is being validly detaine

Question 11

Special damages

Answer 11

pecuniary loss; e.g. loss of earnings.

Question 12

General damages

Answer 12

non-pecuniary e.g. pain & suffering

Question 13

Exemplary/ punitive damages

Answer 13

rare and usually modest

Question 14

injunction

Answer 14

equitable remedy- court order to direct someone to do something or refrain from doing something.

Question 15

Interim injunction –ex parte

Answer 15

freezes’ position of parties until full court hearing (holding order). 24-48 hrs.

Question 16

Interlocutory injunction

Answer 16

NOT a full hearing but parties present case

Question 17

Perpetual injunction

Answer 17

awarded after full court hearing