Week 8 Lecture

Question 1

What is case law?

Answer 1

Case law = Statements of law developed by judges.

Question 2

What does each case represent?

Answer 2

“Each case represents the solution to a particular dispute between two parties about which the …judge… has made a decision.”

Question 3

Are cases singular statements of law?

Answer 3

Yes

Question 4

Are cases global statements of law?

Answer 4

Yes

Question 5

What kind of reasoning does case law require?

Answer 5

Both deductive and inductive reasoning.

Question 6

What is the plantiff?

Answer 6

The party who brings civil action.

Question 7

What is the prosecution?

Answer 7

The person conducting proceedings on behalf of the crown.

Question 8

What is the defendent?

Answer 8

Person being sued/prosecuted.

Question 9

What is the appellant?

Answer 9

The person bringing the appeal.

Question 10

What is the respondent?

Answer 10

The person responding to the appeal.

Question 11

What does r stand for?

Answer 11

rex or regina?

Question 12

What are reprorted cases?

Answer 12

REPORTED cases are those cases of significance to the legal system.

Question 13

What are reported cases tied to?

Answer 13

They are tied to the history of law reporting.

Question 14

When was the council for law reporting established?

Answer 14

Council for Law Reporting was established in 1865 (UK).

Question 15

What was the purpose of the COuncil for law reporting 1865?

Answer 15

Purpose was to systematise and publish law reports for the public and the profession

Question 16

When was the incoprporated council for law reporting for the state of queensland?

Answer 16

1901.

Question 17

What does the council do?

Answer 17

The Council formally reports certain reports as the official law reports for the State

Question 18

What are records of all matters determined by courts and tribunals?

Answer 18

Unreported.

Question 19

Why are many cases unreported?

Answer 19

They are unreported because they have little impact beyond individual instance.

Question 20

What are authorised cases?

Answer 20

Cases which have been formally approved by the Courts

Question 21

Who are authorised cases produced by?

Answer 21

Councils of Law Reporting

Question 22

What is an unauthorised case?

Answer 22

Any case report that has not been produced by a Council of Law Reporting

Question 23

Who are unauthorised cases often produced by?

Answer 23

Specialist law publishers

Question 24

What are judicial reports?

Answer 24

Judicial Reports are the decisions from COURTS

It is a reference to decisions from:-

Question 25

What are judicial reports a reference to?

Answer 25

Magistrates, Single Judge Decisions and Bench Decisions

Question 26

What are tribunal reports?

Answer 26

Tribunal Reports (as the name suggests!) are the decisions of Tribunals.

Question 27

What can tribunal decisions include?

Answer 27

Tribunal decisions can include both single and “full bench” decisions

Question 28

Do tribunal decisions supercede judicial decisions?

Answer 28

No.

Question 29

What is a foreign report?

Answer 29

Technically, any decision from another jurisdiction is a “foreign decision”

Question 30

What needs to be considered with foreign reports?

Answer 30

Some cases are, however, regarded more highly than others

Question 31

What is an international report?

Answer 31

Decision from the “international jurisdiction” are a separate form of report again

Question 32

What is each court bound by?

Answer 32

By decisions of courts higher in its hierarchy.

Question 33

How will a decision of a court in a different hierachy or lower in the same hieracy change thing?

Answer 33

a decision of a court in a different hierarchy or lower in the same hierarchy may be persuasive but will not be binding

Question 34

What part of a past case is binding?

Answer 34

ratio decidendi

Question 35

What does ratio decideni mean?

Answer 35

Reason for a decision.

Question 36

Do precdedent lose their force by a lapse of time?

Answer 36

No

Question 37

What does obiter dicta mean?

Answer 37

Remarks in passings.

Question 38

Are obiter dicta binding?

Answer 38

No but they may be persuasive.

Question 39

What is ratio decindi?

Answer 39

Usually this is the core ruling on a point of law, rather than a statement of the rule

Question 40

What must the ratio be sourced in?

Answer 40

Ratio must be sourced in the dispute of the parties, not the agreed facts / law

Question 41

What is precedent value partly determined by?

Answer 41

Precedent value is partly determined by the strength of the ratio decidendi

Question 42

Is identifying a ratio easy?

Answer 42

No

Question 43

Do all cases have a ratio?

Answer 43

No

Question 44

If there is no dispute about the law, what happens?

Answer 44

If there is no dispute about the law, then there is usually only deployment of past ratio and current law, rather than a determination of law

Question 45

What is the ratio in multijudge systems?

Answer 45

Determined primarily by looking at the agreement between judges on the question of law
Easy in unanimous and split decisions
Far more difficult in multiple judgments
Where there is no clear consensus, there is no ratio

Question 46

When can a party appeal?

Answer 46

Where a party is dissatisfied with the outcome, can appeal to a higher court

Question 47

What are appeals generally limited to?

Answer 47

Generally limited to questions of law

Question 48

What are alternatives for dispute resolution?

Answer 48

Methods for resolving disputes apart from courts

Often voluntary and less adversarial

Question 49

What are benefits for alternatives for dispute resolution?

Answer 49

Faster, cheaper, less formal, parties can contribute to resolve dispute

Question 50

What are common alternatives for dispute resolution?

Answer 50

Negotiation
Mediation
Conciliation
Arbitration
Referral