AC 1.1 judicial process

Question 1

what are two ways that judges contribute to law making

Answer 1

statutory interpretation
judicial precedent

Question 2

what doctrine is judicial precedent based on?

Answer 2

Stare Decisis

Question 3

Why is ratio decidendi important?

Answer 3

it’s binding precedent is that the reasoning must be followed by lower courts in similar cases

Question 4

What case is an example of Ratio Decidendi?

Answer 4

Donoghue vs Stevenson

Question 5

three methods that are used to avoid judicial precedent

Answer 5

overruling
distinguishing
reversing

Question 6

what is statutory interpretation

Answer 6

process by which judges read and apply Statutes. When a statute’s meaning is unclear, judges must interpret the words to understand Parliament’s intent and apply it to the case in question. This ensures that laws are enforced as intended and fairly applied in legal decisions

Question 7

what are the rules of statutory interpretation

Answer 7

the literal rule, golden rule, mischief approach and the purposive approach

Question 8

what are the two approaches to the golden rule

Answer 8

narrow and wide

Question 9

when is the purposive approach used?

Answer 9

when the wording is ambiguous or unclear and the literal meaning would defeat the intended aim

Question 10

when is the narrow approach of The Golden Rule used?

Answer 10

is typically used where a word or phrase has more than one meaning

Question 11

when avoiding judicial precedent how is distinguishing used?

Answer 11

distinguishing is used if the case facts differ significantly which then allows the judge to not follow the previous precedent set

Question 12

what is two case examples which show how distinguishing was used?

Answer 12

Balfour v Balfour and Merritt v Merritt

Question 13

what is overruling in relation to avoiding judicial precedent?

Answer 13

this is when a higher court overturns the legal principle from a previous case

Question 14

case example of overruling