the people & law-makers booklet 2 U4 (2nd term)

Question 1

lesson one

define statutory interpretation

Answer 1

• the process whereby courts / judges apply meaning to key words w/n acts or leg made my parl to det the outcome of a case before them
• int of wording = x change the words themselves but rth boundaries of the def

Question 2

lesson one

what are the main reasons for statutory interpretation?

Answer 2

• the spec. meaning of words
• the changing ntr of words
• unforseen circum

Question 3

lesson one

what are unforseen circumstances

Answer 3

• at the time of passing the legislation, parliament did x forsee a part issue arising or, the wording was unclear

Question 4

lesson one

what are the impacts of statutory interpretations?

Answer 4

• the int narrowed the def of the word
• the int broadened th int of the word
• theint created a prec
• the int influ parl to amend leg

Question 5

lesson one

statutory interpretation is effective

Answer 5

• SI all chgs to the law in an eff & indep manner b/c x have to face pol press such as MPs iver controv areas nor do they have to be ‘sitting’ or ‘deb’ bills to chg the law
• jud are leg exp in the law t/f when applying meaning to words this is done so w/ exper in & jud can rely on res such as leg dict / ftnts from acts / oth prec outs their juris
• cl = app dep on where court in hier dec made –> jdgme = error = opp to crrt dec aft been rev by jud = higher exper

Question 6

lesson one

statutory interpretation is not effective

Answer 6

• jud = x freey chg law thr SI = must wait for case bef courts bef stat = int & only rele stat = int
• jud must rel on indiv w/ st to brg case bef courts to prov SI = initi case = $ + time cons = lim / prev case forw
• jud x demo elec & come from a narr socio-eco grp t/f int of stat = may x refl soc whereas MPs = more rep of ppl
• cl = rev / overr by higher cts or abrog by parl t/f abil jud to initi chg meaning of words = x longst

Question 7

lesson two

define common law

Answer 7

• an area of law that is created based upon decs of judges rth than acts of parl

Question 8

lesson two

what must a decision be for it to be a common law?

Answer 8

• made by judge
• arising from a case in court
• creates a prec (does x need to be binding)
• can inv applying meaing to words in an act

Question 9

lesson two

define precedent

Answer 9

• a leg princ that incorp the reasoning behind a jusge’s dec when making a judgement

Question 10

lesson two

when a case arises what principle should a jusge apply?

Answer 10

stare decisis

Question 11

lesson two

define stare decisis

Answer 11

• to stand by what haas been previously decided –> ens consis among dec (prov there is an exist prec)

Question 12

lesson two

if a judge chooses to create a new legal principle in the case what are the two parts the judgment consist of?

Answer 12

• ratio decidendi
• obiter dictum

Question 13

lesson two

define ratio decidendi

Answer 13

• reason for the dec
• these are the elements of a new prec being created

Question 14

lesson two

define obiter dictum

Answer 14

• statements made by the way
• comm made w/n the judgement that provides ctx for the judge’s dec
• it is x binding & does x form part of the prec

Question 15

lesson two

define material facts

Answer 15

• the key facts or details that exists w/n the previous case that are critical to the currents judge’s decision
• facts need x be identical

Question 16

lesson two

what is the operation of a precedent rely upon?

Answer 16

• relies on the judges considering mat facts of previous cases & the one before them

Question 17

lesson two

what are some reasons for a precedent?

Answer 17

• guidance for judges to be able to look back at previous cases to gain undst / idea of leg rat to det their case
• consist thr alwing leg rep to prov adv for their client onthe outcome of their case thr ref to past dec
• x wasting court’s res due to having to presi over the same mtt time & time again

Question 18

lesson two

when a dispute arises, the current judge needs to determine whether what?

Answer 18

• there is x precedent to follow since there is a test case
• they are bound by exisiting precedent
• they are only persuaded by exisiting precedent

Question 19

lesson two

what is a binding precedent?

Answer 19

• an existing precedent that was made by a sup (higher court)
• in the same court hierarchy
• that share sim mat facts w/ the current case

Question 20

lesson two

what is a persuasive precedent?

Answer 20

• originates from a lower court (in the same court hierarchy)
• originates from a same level court
• originates from a court outside of the court hierarchy
• comment from a jusgement that are obiter dictum

Question 21

lesson three

what are the four ways in which precedent can be applied?

Answer 21

• reversing
• overruling
• disapproving
• distinguishing

Question 22

lesson three

when does reversing on appeal occur?

Answer 22

• occurs when a decision is appealed to a higher court & the higher court overturns the o.g. precedent

Question 23

lesson three

when does overruling occur?

Answer 23

• occurs when a sup. court overrides a previ prec est at trial (two sep cases)

Question 24

lesson three

when does disapproving occur?

Answer 24

• occurs when a court disagree w/ a prece est at the same lvl & chooses x to follow it & creates another prece
  OR
• when lwr court who is bound to follow a prece expresses their disagree but needs to fllw the prece anyway

Question 25

lesson three

when does distinguishing occur?

Answer 25

• occurs when a judge is bound to fllw a prece but argues that sim mat facts does x exist & t/f it would be unfair to apply the same prece

Question 26

lesson three

what are the strengths of the factors that impact the ability of precedent to make laws?

Answer 26

• if x exisiting prece / act exists judges can create prece to reso a disp & thereby dev new leg princ to cover a gap in the law
• judges = bound fllw prece have option of dist their case argu that diff mat fcts & t/f x have to apply the existing prece = prom jud fairness
• obiter comm –> judges = bound fllw existing prece or those that do x want to create laws can express their disapp = alert parl to amend that act (trigwell)
• due to hierarchy sup courts = rev / overrule a prece which ens that c.l rem up to date & t/f subse cases = x bound by outdated prece
• due to exisiting in ch prece that origi from higher courts are est based upon leg expert & prof knowledge of a sup judge w/ spec knowledge in the area & t/f more likely = jud just
• judges on the same lvl = x bound to fllw each oths prece = applies to HC = ens that the abil for courts to review decmade in error continues to occur

Question 27

lesson three

what are the limitations on the ability of precedent to make laws?

Answer 27

• for prec to op case must brought bf the courts. jusges = autono to amend/int exisiting law unless a rele mtt is brought bef the courts for prec to op indiv w/ standing bring case to matt bef courts = limit opport
• judges only make laws on ex post facto meaning they can only make laws in retrospec = gen after wrong has occ