Unit 4 1.1 JP Flashcards
What is a precedent?
Past decisions of judges are used to create future laws
Why are precedents used?
Promotes certainty, consistency and fairness
How do precedents work in court?
As a hierarchy
What is distinguishing as an exception to a precedence?
The facts in the present case are different enough from the previous
What is Over-Ruling as an exception to a precedence?
A higher court states it was a wrong decision and over turns conviction
What is the case study linked to Over-Ruling?
Law On Marital Rape
What is the law on marital rape?
Old precedent stated a person could not rape their wife due to the marriage contract. Court of appeal over-ruled due to issues of consent and equality.
What is statuary interpretation?
When judges make laws by the way they interpret statutes
What is the Literal Rule?
Using the dictionary definition of each word in the statute
What is the problem with the Literal Rule?
Words have multiple definitions
R V Magginis
judges found multiple definitions of the word supply in relation to a drug case
What is the Golden Rule?
Modifying the literal meaning to avoid absurd results
Official Secrets Act
It is illegal to obstruct the queens forces in the vicinity of a prohibited place
How was the Official Secrets Act used in the case of Adler v George?
Adler argued he was not in the vicinity but actually in it, led to using the golden rule
What is the Mischief Rule?
Allows court to enforce what the statute was intended to achieve
