Week 7 Flashcards
What is the case with a gas meter?
Duncan v Jackson
Duncan v Jackson?
Man had gas-meter in other jurisdiction, wanted to vote in both
Held: list states independent things, gas meter is not.
What is noscitur a sociis?
A thing is known by its associates
Bromley LBC v GLC?
Provide integrated, efficient, and economic transport
Held: efficient beside economic means economic means doesn’t cost must
B won
What is expressio unius exclusion alterius?
If you mention one thing, it excludes another
What is the problem with and and or
Courts sometimes have to decide that one means the other
What happens if there is an unclear change in the law?
The way the old law was used is taken
What definition should you give a word?
It’s modern meaning, unless old Act of Scotland.
What is legislative history?
Prior legislation
Pre-parliamentary material
Parliamentary material
What is the case with a taxpayer getting reduced fees for child to a school?
Pepper v Hart 1993**
Pepper v Hart**
Taxpayer worked in School, school allowed his children in on reduced fee. If you are given a benefit from a boss that isn’t monetary, an amount equal to cost of benefit is taxed.
One judge went and looked at parliamentary material about the finance act 1976 where government minister said it wasn’t intended to be taxed. 7 judges ruled 6/1 to looking at the debates.
Held: no tax.
What is special about Pepper v Hart**
Usually outside sources should not be used.
Three rules:
Statute must be ambiguous, obscure or absurd
Statement is from the promoter of bill
Statement from promoter is clear
What are the advantages and disadvantages of Pepper v Hart?
A: Helps clarify meaning of legislation
D: Blurs the edges of separation of powers
Gives government a lot of power
What are the five main points about case law?
- Not all case law is equal
- Why does it have authoritative status? Binding or persuasive?
- Ratio decidendi: why case was determined
- Possibility of Obiter dictum
- Do cases keep getting cited in other cases
What is Stare decisis?
The legal principle of determining points in litigation according to precedent
What is case law?
It is unwritten, customary law based on reasoned tradition.
How does it work with judges?
Judges make new rules for the future by reference to decisions made in the past. Case law is a traditional knowledge and is backward looking.
Are all cases authoritative?
Yes but there is a grading of cases
How do you crave cases?
- Case can only be binding if it has the same material facts as a previous case
- The force of a decision depends on the factual similarity of a past case
Can facts happen twice?
No but facts are the same if there is a legally relevant similarity.
How does binding and persuasive work in courts?
Relevant decisions bind down appellate hierarchy lines
Relevant decisions may be persuasive vertically up the hierarchy.
Are courts bound?
They feel bound to follow their own past decisions, with the higher courts binding the lower courts. Even Supreme Court feels bound to follow previous decisions.
What is case law and statutes meant to be
They are meant to be certain
Can courts overrule past decisions?
Yes but they must have more judges than previous decision and are reluctant to do so.
