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Question 1

Define Judicial precedent

Answer 1

judicial Precedent is when lower courts will use past decisions made by higher courts in similar cases.

Question 2

Define Statuory Interpretation

Answer 2

Statuory Interpretation is a list of rules where Judges must follow this so they can interpretate what the ‘statue’ means.

Question 3

List the 3 types of rules used with Statuory interpretation?

Answer 3

1. Literal rule
2. Golden rule
3. Mischief rule

Question 4

Define Ratio Decidendi

Answer 4

Ratio Decidendi is a latin word and means ‘Rational Decisions’. It means the rationale on Judicial Decisions.

Question 5

Define Purposive Approach

Answer 5

Purposive Approach means looking at the Mischief rule from the Statuory Intrepretation but looking at the whole act rather than the ‘gap’/’mischief’

Question 6

Define Common Law

Answer 6

Common Law means laws made by Judicial Precedent and is a single set of laws used by the whole country.

Question 7

What are the two types of Judicial Percendents?

Answer 7

1) Binding Percendent
2) Persausive Percendent

Question 8

Define Binding Percendent

Answer 8

A Binding Precendent which a court must obey to in the adjudication of the case. A lower court is bound by the decision of the higher court during the same jurisdication

Question 9

Define Persuasive Percendent

Answer 9

The lower court does not have to obey to the higher court but may use it as a form of persusion.

Question 10

What are the two ways we can make laws?

Answer 10

1. Govermental processes
2. Judicial processes

Question 11

What are the two papers involved in the governmental processes?

Answer 11

The two papers involved in governmental processes are the green paper and the white paper.

Question 12

What is the purpose of green paper in governmental processes?

Answer 12

The green paper is a consultation document and states ideas for a potential bill

Question 13

What is the purpose of white paper in governmental processes?

Answer 13

The white paper is a document which states the aims and objectives of the bill.

Question 14

Name the 1st stage in the governmental processes

Answer 14

The 1st stage in the governmental processes is the 1st reading

Question 15

What happens during the 1st reading (governmental processes)?

Answer 15

The bill will be introduced in either the house of commons or the house or lords, the aims and objectives will be stated. A first vote will happen

Question 16

Name the 2nd stage in governmental processes

Answer 16

The 2nd stage in governmental processes is the 2nd reading

Question 17

What happens during the 2nd stage in the governmental processes?

Answer 17

A debate will happen in regards to the bill and a 2nd vote will happen

Question 18

Name the 3rd stage in the governmental processes

Answer 18

The 3rd stage in the governmental processes is the committee stage.

Question 19

What happens during the committee stage in governmental processes?

Answer 19

The committee stage is when the bill goes to a small committee and the bill is discussed, advise on any ammendments

Question 20

What is the fourth stage of the governmental processes?

Answer 20

The fourth stage in the governmental processes is the report stage.

Question 21

What happens during the report stage in the governmental processes?

Answer 21

The report stage is when the small committee reports back any findings, and this goes to BOTH houses of parliament

Question 22

What is the fifth stage in the governmental processes?

Answer 22

The fifth stage in the governmental processes is the third reading

Question 23

What happens during the third reading in the governmental processes?

Answer 23

The third reading is when there is a final vote about the bill.

Question 24

What is the sixth stage in the governmental processes?

Answer 24

The sixth stage in the governmental process is the lords/repeating process

Question 25

What happens during the lords/repeating process stage in governmental processes?

Answer 25

It will go to either the house of commons or house of lords and the stages are repeated

Question 26

What is the last stage of the governmental processes?

Answer 26

The last stage of the governmental processes is the royal assent

Question 27

What happens during the royal assent stage during the governmental processes?

Answer 27

The monarch will sign the bill.

Question 28

Define the mischief rule

Answer 28

The judge looks at the law and questions "what was it meant to solve?" and will look at a specific issue it was meant to solve

Question 29

Define the purposive approach

Answer 29

Purposive approach is similar to the mischief rule but it looks at the whole "act" rather than "gaps"

Question 30

Define the literal rue

Answer 30

The judge will interpret the wording of the legislation "literally" - by the definition of the dictionary

Question 31

Define the golden rule

Answer 31

The word can be interpretated differently if the literal meaning is 'absurd'

Question 32

DPP vs Cheeseman What was the law?

Answer 32

Town police clause act 1847, S28

Question 33

DPP vs Cheeseman What happened?

Answer 33

Police officer witnessed man masturbating in public lavatory

Question 34

DPP vs Cheeseman What statuary interpretation rule?

Answer 34

The statuary interpretation rule was the literal rule

Question 35

Re sigsworth 1935 What law?

Answer 35

Administration of estate act 1925

Question 36

Re Sigsworth 1935 What happened?

Answer 36

Son tried to kill mother to earn her estate

Question 37

Re sigsworth 1935 What was the statuary interpretation rule?

Answer 37

The statuary interpretation rule was the golden rule, if literacy rule was applied then it would mean he would get the estate

Question 38

Smith vs Hughes What was the law?

Answer 38

Section 1 (1) of street offence act 1939

Question 39

Smith vs hughes What happened?

Answer 39

Women getting mens attention through the window

Question 40

Smith vs hughes What statuary interpretation rule was applied?

Answer 40

The mischief rule was applied. - while they weerent on the streets they were still bothering individuals on the street