UNIT 3: AOS 3

Question 1

Doctrine of Precedent

Answer 1

stare decisis
Court makes a decision in a new situation
binding or persuasive
ratio decedendi and obiter dictum

Question 2

RODD

Answer 2

REVERSING
OVERRULING
DISTINGUISHING
DISAPPROVE

Question 3

REVERSING

Answer 3

same case on appeal

Question 4

overruling

Answer 4

not same case overrule precedent made by lower courts

Question 5

distinguish

Answer 5

material facts of the case

Question 6

disapprove

Answer 6

unfavourable opinion

Question 7

Law making through courts

Answer 7

deciding on a new issue that comes before them that has no previous law (precedent)
statutory interpretation

Question 8

problems

Answer 8

Courts may need extrinsic or intrinsic materials to interpret words.
unsure of what parliament wants
context

Question 9

reasons for interpreting statutes

Answer 9

intention of act is unclear \
complex and technical topic
difficulty in foreseeing future application
inconsistencies

Question 10

relationship between courts and parliament

Answer 10

Parliament pass Acts to establish courts and outline jurisdiction
Courts apply and interpret law
Parliament can change law made by the courts
Parliament can confirm law made by the courts
Court decisions can influence changes in the law by parliament

Question 11

strengths and weakness

Answer 11

ADVANTAGE: courts change laws quickly 
Courts can fill gaps in legislation 
Courts can develop ares of law
give meaning to an act of parliament
DISADVANTAGE: changes can be slow
finding precedents can be difficult
ex post facto 
not an elected body