AC1.1 Describe the judical processes of law aiing

Question 1

judges can makes laws through which 2 processes

Answer 1

-judicial precedent
-statutory interpretation

Question 2

What is judicial precedent

Answer 2

a type of law making where past decisions of judges create laws for future judges to follow

Question 3

define the term ‘principle of standing by’ what does it create

Answer 3

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

Question 4

what should judge do if there’s no precedent

Answer 4

give an original precedent

Question 5

2 case example showing judicial precedent in action

Answer 5

Donoghue v stevenson 1932
Daniels v white 1938

Question 6

donoghue v stevenson 1932

Answer 6

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 —

Question 7

Daniels v white 1938

Answer 7

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.

Question 8

what are the exceptions to precedent

Answer 8

distinguishing
overruling
reversing

Question 9

what is meant by distinguishing

Answer 9

precedent can only be binding if the principle of a case is the same, and facts are similar

Question 10

case example of distinguishing

Answer 10

balfour v balfour

Question 11

blalfoour v balfour / merit v merit case

Answer 11

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

Question 12

what is meant by overruling

Answer 12

higher courts can overrule/ turns decisions and set a new precedent

Question 13

case example of overruling

Answer 13

R V Riaal marital rape

Question 14

R V Riaall

Answer 14

houses of laws(supreme court) agreed with court of appeal that a man could be guilty of raping his wife, wiped out exemption

Question 15

what is meant by reversing

Answer 15

a higher court changes a decision made in a lower court of appeal

Question 16

sweet v parsley (reversing example)

Answer 16

house of lords reveres court of appeal decision snd found defendant not guilty men’s rea couldn’t be proved

Question 17

what is statutory interpretation

Answer 17

In Superior Court, such as Court of Appeal, Supreme Court, judges are sometimes called upon to interpret words and phrases with a statue. in this way, they can make law by the way they interpret such statues or acts and apply them to cases that are being judged

Question 18

Judges have three main interpretation rules to help them do this:

Answer 18

literall rule
golden rule
mischief rule

Question 19

what is the literal rule

Answer 19

judges give words of an act there literal/ ordinary meaning, doctors of time of act will be used.

Question 20

advantages and disadvantages of literall rule

Answer 20

advantages;
-follows word of democracy elected parliament, parliament make laws so judges should follow/apply how its written . stops unelected judges making lawmakers low more certain.
disadvantages;
-not all acts perfectly drafted, have more than one meaning, can lead to unfair/ unjust decisions

Question 21

cases of literal rule

Answer 21

Cheeseman: indecently exposed himself in public toilets, police officers stationed outside. Act said ‘passenger’s’ This meant passers by. Police not passengers so hadn’t committed an offence. Used literal rule
Berriman: Man oiling points on railway line when hit by train. Lookout should be provided for relaying and repairing of the track, not relaying or repairing, only maintenance. Used literal.

Question 22

what is the golden rule (narrow/wide)

Answer 22

an extension of the literal rule, may be applied when application of literall a rule woullead to absurdity.
narrow-it’s applied when word or phrase is capable of more than one literal meaning
wide-applied when there is only one literal meaning

Question 23

advantages and disadvantages of golden rule

Answer 23

advantages;
-Respects word of parliament
-Escape route
-Follow intention of parliament and just corrects errors
-avoids worst problems of the literal rule
disadvantages;
-no guidance on how ans where to use rule
-holds parliament to high standards

Question 24

2 cases of the narrow approach (golden)

Answer 24

-R v Allen
-Defendant charged with bigamy, offence to marry another when already married. 2 meanings, legally marry and marriage ceremony
-Court used 2nd to find Defendant guilty
-Adler v George: staged protest inside RAF base. ‘In vicinity of any prohibited place’ argued vicinity not the same as inside. Said could mean near to and within

Question 25

case of wide approach (golden)

Answer 25

-Re Sigsworth
-Son murdered mother and she didn’t make a will, he would inherit all
-court rewrote the act and applied golden so he would not get anything