Week 2 - Sources of law cont., Courts & Interpreting Statutes Flashcards
1
Q
Explain what is CASE LAW
A
- Law Produced by Decisions made by Judges in Higher Courts
- Concerned with Development and Application of Existing Principles of Law being Applied to Cases
- Need to Learn from Mistake, Evolution over the ages
- Cannot Rely on Case Law for Development of New Laws as it Would be too Slow to Reply Upon Cases being Brought to Court
- When Case is Heard, it’s Up to Courts to Interpret the Meaning of Legislation & Statues in any Dispute
2
Q
What is JUDICIAL PRECEDENT
A
- 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 Decisions
- ‘stare decisis’ - to stand by decisions
- On certain Occasions, Judges may Determine the Facts of a Case are Too Different from Their Earlier Case
- In, this Instance, Precedent Doesn’t apply
3
Q
What are 5 Advantages of Judicial Precedent
A
- Consistency & Certainty
- Efficiency and Time-Saving
- Precision
- Flexibility
- Development
4
Q
What are 4 Disadvantages of Judicial Precedent
A
- Rigidity
- Uncertainty
- Complexity and number of cases
- Slow development of the law
5
Q
What is the Human Rights Act 1998?
A
- Primary legislation designed to align with European Convention of Human Rights
- All Provision in Statutes Need to be Compatible with the Rights Set out in European Convention of Human Rights
- 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 election by secret ballot
6
Q
What are the 4 Level Hierarchy (top to bottom) of the English Court System
A
- Supreme Court
- Court of Appeal
- High Court & Crown Court
- County Court & Magistrates’ Court
Some Courts are Superior to Others
If Verdict is Appealed, Case may be Heard in a Higher Court
7
Q
What is the Magistrates’ Court
A
- All Criminal Cases Start in Magistrates’ Court
- 95% of Criminal Cases are Completed here
- Criminal Cases of Less Serious Nature
- Cases Heard by Either a Distinct Judge or 3 Lay Magistrates
8
Q
What is the Crown Court?
A
- Serious Crime Cases Heard by High Court Judges
- May Hear Appeals from the Magistrates’ Court
- Criminal Cases Heard for the First Time will Usually be Heard by a Judge
9
Q
Explain which Courts Indictable Offences, Summary Offences and Offences Triable either way are Heard?
A
- INDICTABLE - Crown Court - include Most Serious Criminal Offences, e.g. Murder, Rape, Armed Robbery
- SUMMARY - Magistrates’ Court - include relatively Minor Offences, e.g. driving w/o insurance, threating behaviour
- OFFENCES Triable Either Way (either court)
Mid Range Offences e.g. Burglary
Seriousness of Case depends on facts
10
Q
Explain how the High Court Works
A
- Deals with Mostly Civil Cases that are Larger/More complex than those Suitable for the County Courts
- Cases Heard by High Court Judges
- 3 Divisions :
Chancery Division - Matters Relating to Finance, Mortgages, Trusts, Company Law, Bankruptcies
Queen’s Bench Division - Contract & Tort Cases not Suitable for the Country Courts. cases Heard Occasionally by jury
Family Division – deals with matrimonial and family issues e.g. divorce
11
Q
Explain the Court of Appeal
A
- Has Separate Criminal and Civil Divisions
- Hears Appeals from the County Courts, High Court and the Crown Court
- In Civil Cases, Appeals to a High Court Only Take Place with the Permission of Court the Case was Heard in or the Court to which the Appeal is made
- Permission only Given if Appeal has Real Prospect of Success or There’s Another compelling Reason for It to Be Heard
12
Q
Explain the Supreme Court
A
- Highest Appeal Court in England and Wales
- Made up of 12 Justices, at least 3 Hearing Each Case
- Cases Heard by 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)
13
Q
What are Statutes and State the 4 Rules of Statutory Interpretation (Ways Judges can Interpret what’s Written in a Statute)
A
- Written Laws Created by a Legislative Authority e.g. Act of Parliament
- Have to be Written in manner that Ensure they’re Flexible Enough to Cover Different Situations
1- The Literal Rule
2 - The Golden Rule
3 - The Mischief Rule
4 - The Contextual Rule
14
Q
Explain the Rule of Statutory Interpretation - THE LITERAL RULE
A
- the Words in a Statute are Examined Using their Ordinary, literal meaning
- Rule Can’t be Used if Words are Ambiguous or Have More then One Meaning
- if Misused, Could Lead to Absurd or Illogical Results
Whiteley v Chappel (1869) - a Statute Made it an Offence to Impersonate ‘any person entitled to vote’
- Defendant Impersonated a Dead Person
- Verdict : because Dead People Weren’t Allowed to Vote, the Defendant was acquitted
15
Q
Explain the Rule of Statutory Interpretation - THE GOLDEN RULE
A
- 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
Alder V George - Defendant was Charged under the Official Secrets Act 1920 with Obstruction ‘in the Vicinity of a Prohibited Area’
- Defendant argued that As they were Inside the Prohibited Area, this Wasn’t in the Vicinity of it
- Verdict : using Golden Rule, the Statute was Interpreted that Being ‘in the Vicinity’ of the Prohibited Area Also Meant Being Inside it
