Judicial Law-making Flashcards
what is the school of thought regarding judges regarding their role?
to apply law not make it
How do judges now actually go further than merely applying the law?
Judges use precedent to create new law and to extend old principles
Where do nearly all the main rules which govern the formation of contracts come from ?
decided cases
When were many decisions of law of contract decided?
19th century
What was the law of negligence in the law of tort developed and refined under?
judicial decisions
What case is an example where the law of negligence in the law of tort had been developed and refined through judicial decisions?
Donoghue v Stevenson 1932
What was established in Donoghue v Stevenson 1932?
- manufacturer owed a duty of care to the ‘ultimate consumer’
- ‘neighbour test’ was created
How has the tort of negligence been developed into a major tort?
the concept of the “neighbour test” has been applied by judges in several different situations
In what case did the HOL lay down guidelines for the area of case law on liability for nervous shock where there has been negligence?
Alcock v Chief Constable of South Yorkshire 1991
Who did Alcock v Chief Constable of South Yorkshire 1991 involve in claims?
claims made by people who had lost relatives in the Hillsborough tragedy
In criminal law, what area of law have the judges played a major role in developing ?
law on intention
Give an example of a judicial decision in the law on intention…
It is only because of judicial decisions that the intention for murder covers not only the intention to kill but also the intention to cause grievous bodily harm
In which 2 cases, are an example that judicial decisions have created new crimes?
Shaw v DPP 1962
R v R 1991
How in Shaw v DPP 1962 did a judicial decision create a new crime?
judicial decision created the offence of conspiracy to corrupt public morals
How in R v R 1991 did a judicial decision create a new crime?
it was decided that rape within a marriage could be a crime
