AC1.1 Describe the judical processes of law aiing Flashcards
judges can makes laws through which 2 processes
-judicial precedent
-statutory interpretation
What is judicial precedent
a type of law making where past decisions of judges create laws for future judges to follow
define the term ‘principle of standing by’ what does it create
judges follow what has been decided in previous cases where the point of las is the same.
this creates certainty, consistency and fairness sin the legal system
what should judge do if there’s no precedent
give an original precedent
2 case example showing judicial precedent in action
Donoghue v stevenson 1932
Daniels v white 1938
donoghue v stevenson 1932
two friends visited a cafe, one drank a bottle of ginger beer, contained a decomposing snail, woman fell Ill, sued the manufacturer, won her case, the court decided that a duty of care was owed by the manufacturer to the woman. known as ‘neighbour principle’
—this case founded the oder day law of negligence —
Daniels v white 1938
claimant brought a bottle of lemonade and when it was drank felt burning sensation n throat, it contained corrosive metal. The case of Donoghue and Stevenson was used when suing for compensation even tough facts were slightly different.
what are the exceptions to precedent
distinguishing
overruling
reversing
what is meant by distinguishing
precedent can only be binding if the principle of a case is the same, and facts are similar
case example of distinguishing
balfour v balfour
blalfoour v balfour / merit v merit case
husbands sending money to wives, overseas matinee payments then split, not bound only social, merit left and lived elsewhere and signed agreement to pay of home
what is meant by overruling
higher courts can overrule/ turns decisions and set a new precedent
case example of overruling
R V Riaal marital rape
R V Riaall
houses of laws(supreme court) agreed with court of appeal that a man could be guilty of raping his wife, wiped out exemption
what is meant by reversing
a higher court changes a decision made in a lower court of appeal