WEEK 2

Question 1

Case law

Answer 1

Sometimes referred to as common law

Law produced by decisions made by judges in the higher courts

Usually concerned with development and application of existing principles of law being applied to cases

Question 2

Judicial Precedent

Answer 2

When a judge determines a case, they examine how judges have previously dealt with similar cases

If the same legal principles are relevant, the judge will apply these principles in their decision (or may possibly develop these principles)

‘stare decisis’ – to stand by decisions

Question 3

Advantages of Judicial Precedent

Answer 3

Consistency & certainty

Efficiency and time-saving

Precision

Flexibility

Development

Question 4

Disadvantages of Judicial Precedent

Answer 4

Rigidity

Uncertainty (due to overruling by higher courts)

Complexity and number of cases

Slow development of the law

Question 5

Human Rights Act 1998

Answer 5

Article 3 – Freedom from torture
Article 4 – Freedom from slavery
Article 6 – Right to fair trial
Article 9 – Freedom of thought, conscience and religion
Article 2 of 1st prot. – Right to education
Article 3 of 1st prot. – Right to take part in free elections by secret ballot

Question 6

Magistrates’ Court

Answer 6

330 Magistrates Courts in England & Wales

All criminal cases start in the magistrates’ court

95% of criminal cases are completed in these courts

Will hear criminal cases of a less serious nature

Question 7

Crown Court

Answer 7

77 Crown Courts in England & Wales
Serious crime cases heard by High Court Judges (approx. 105 in UK) or Circuit Judges (approx. 600)
May hear appeals from the Magistrates’ Court
Criminal cases heard for the first time will usually be heard by a judge & jury of 12 ordinary people

Question 8

County Courts

Answer 8

Deal with the majority of civil cases

Cases heard by District Judges (max £10k claim) and Circuit Judges (max £100k claim)

Question 9

High Court

Answer 9

Deals with mostly civil cases that are larger/more complex than those suitable for the County Courts

Cases heard by High Court judges

There are 3 divisions to the court: Chancery Division, Queen’s Bench Division and Family Division

Question 10

Chancery division

Answer 10

Matters relating to finance, mortgages, trusts, company law, bankruptcies etc.

Question 11

Queen’s Bench division

Answer 11

Contract and tort cases not suitable for the County Courts. May occasionally have cases heard by jury.

Question 12

Family division

Answer 12

Family division – deals with matrimonial and family issues e.g. divorce

Question 13

Supreme Court

Answer 13

Highest appeal court in England and Wales

Made up of 12 justices, at least 3 hearing each case

Cases heard by the Supreme Court involve points of law of significant importance (either from a public or constitutional perspective)

Some cases may leapfrog from High Court straight to Supreme Court (passing Court of Appeal)

Question 14

Rules of statutory interpretation

Answer 14

1 - The literal rule
2 – The golden rule
3 – the mischief rule
4 – The contextual rule

Question 15

1 - The literal rule

Answer 15

The words in a statute are examined using their ordinary, literal meaning

Rule can’t be used if words are ambiguous or have more than one meaning

If misused, could lead to absurd or illogical results

Question 16

2 – The golden rule

Answer 16

If the literal result causes problematic results, the courts can use the golden rule

The literal meaning of the word can be modified in order to avoid the absurdity or inconsistency

Question 17

3 – the mischief rule

Answer 17

Judge examines the common law that existed before statute was passed to see what was the problem (or ‘mischief’) that existed which the common law did not adequately deal with, and what remedy the statute was trying to offer

Used in the days when statutes set out their purpose and proposed remedy

Question 18

4 – The contextual rule

Answer 18

The meaning of a word is taken from its surrounding text in a statute.

E.g. ‘footballs, football boots, goalposts, corner flags and other equipment’ would only include other football-related equipment