Sources Of Law Flashcards
What makes up Primary legislation?
Private statutes and public statutes
What makes up Secondary legislation?
Statutory instruments and bylaws
What is the literal rule?
whatever is stated in wording of legislation must have plain ordinary meaning [Whitley v Chapel]
What is the mischief rule?
What was the mischief parliament were trying to solve with this?
Golden Rule?
Words should be given plain ordinary meaning unless they cause absurdity.
Purpose rule?
What was the purpose they were trying to solve?
Associated words rule?
Noscitur a sociis - word derives its meaning from surrounding words
Same kind or nature rule?
Eiusdem generis - if general word follows two or more specific words then it will only apply to things of the same type as specific words
Expressing one thing excludes the other rule?
Expressio unius est exclusio alterius - Where a list is not followed by a general word it is taken to exclude others of same type not mentioned in the list.
What is the process of precedent?
1) There is a proposition of the law
2) Proposition is part of the Ratio decidendi of the case
3) Proposition is decided in a court who’s decisions are binding on current court
4) No relevant distinctions between cases
What is a proposition of the law?
Judicial statement confirming a legal principle
What is the Ratio ?
Central legal reasoning or reporting decision of the case
What is Obiter Dictum?
A proposition of law not necessary for case’s conclusion
What is affirming?
A high court agrees with decision of lower court
What is applying?
Court is adopting reasoning or statement of other decision.
