Statues & Judgement

Question 1

What is Literal Rule?

Answer 1

The words must be given their literal meaning

Question 2

What is Mischief Rule?

Answer 2

The Courts determine what mischief/defect is in the law. What remedy was parliament seeking to provide?

Question 3

Explain the Golden Rule

Question 4

Stare Decisis

Answer 4

The legal term for Doctrine of Precedent

Question 5

What is Doctrine of Precedent?

Answer 5

Preceds on the assumption that where there are no statutes, the Judge must look to case law. The Court rulings must be guided by previous judicial decisions ( the Judge must look to cases decided on previously rather than create law)

Question 6

Ratio Decidendi (Binding Element)

Answer 6

This is the principle of law on which a case has been decided. This is the binding element, the statement of law/ the reason for the decision.

Question 7

Obiter Dicta

Answer 7

A judge’s legal opinion uttered in court or written judgment but not essential to the decision and is not legally binding as a precendent

Question 8

What is Precedent?

Answer 8

An earlier event or action regarded as an example or a guide to be considered in similar circumstances