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Introduction To Law And Practice > Case Law > Flashcards

Case Law Flashcards

1
Q

Definition of caselaw?

A

Body of legal reasoning formed of judgments

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2
Q

What does Airedale NHS trust c Bland 1993 relate to?

A

Case where feeding tube was taken away from brain dead patient

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3
Q

What does v stand for in case law?

A

Versus - referred to as and

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4
Q

Who is the appellant and respondent?

A

Appellant is the party appealing decision

Respondent is the party defending the decision made

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5
Q

What does ‘RE’ relate to?

A

Wills case where a party has died

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6
Q

Case which evidences multi listings in Supreme Court and court of appeals…

A

Miller v Miller and McFarlane c Mc Farlane 2006

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7
Q

What does the R stand for in criminal cases

A

Regina (meaning queen / king) I.e the state

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8
Q

What is a case citation?

A

Year which case was brought into force to differ between cases of the same name

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9
Q

What is the system of caselaw also referred to?

A

Doctrine of Judicial Precedent

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10
Q

What is ‘a particular set of facts will provoke a similar legal outcome’ referring to?

A

Doctrine of Stare Decisis (precedent)

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11
Q

What is leapfrog?

A

Where high court and divisional high court jump the appeal process straight to Supreme Court

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12
Q

Which courts hold initial case decisions?

A

Magistrates
High court
Crown court

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13
Q

Which courts deal with criminal cases?

A

Magistrates

Crown court

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14
Q

Which courts deal with civil cases?

A

County court

Family court

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15
Q

Which case law evidences that if a court has 2 conflicting decisions then it may choose between the preferred / favourable case?

A

Young v Bristol Aeroplane 1944

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16
Q

When may a case be heard for appeal?

A

If case was decided upon by ignoring previous precedent

Inconsistent with the EU law

Inconsistent with ECHR legislation

Inconsistent with EU patents office board of appeal

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17
Q

Which courts are bound by decision of criminal court of appeal?

A 
Family court
Crown court
High court
Magistrates court
County court 
division of high court
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18
Q

When was the House of Lords no longer considered to be the highest court of power?

A

In October 2009- then Supreme Court was introduced

19
Q

Under House of Lords which cases were given grounds for appeal?

A

Cases of general public importance

20
Q

What is ‘practice statement (judicial decisions as Authority House of Lords 1966)’

A

Where the House of Lords can rely on previous decisions when ‘right to do so’

21
Q

What are practice statements?

A

Useful guides to approach previous cases

22
Q

Which example evidences when courts choose not to follow previous outlined caselaw? And why

A

Shivpuri 1986 v Anderson RYAN 1985

House of Lords decided that the court hadnt interpreted wording in ‘CRIMINAL ATTEMPT 1981’ correctly and decided against the same decision

23
Q

What is the role of the Supreme Court?

A

Deal with civil appeals from England and Wales Scotland and Northern Ireland

Deals with criminal appeals from England and Wales and Northern Ireland

Grants permission to raise general public importance

24
Q

Under which act are the courts of justice of the EU bound to follow

A

European community act 1972

25
Q

Who are the judicial committee?

A

Privy council

26
Q

What is the role of the judicial committee

A

Hear appeals from UK and overseas UK territories

Heard appeals on UK professional bodies

27
Q

Which case is related to Judicial committee? What is it?

A

Overseas tankship UK Ltd v Morts dock and Engineering Co 1961 - Australian case which was heard due to a fire which started as a result of an oil spill

28
Q

Magistrates court bound by…

A 
Court of justice of European Union 
House of Lords
Supreme Court
Court of appeal 
Divisional court of the high court

Decision not binding

No effects on earlier cases of it’s own

29
Q

County court bound by…

A 
Court of justice of European Union 
House of Lords
Supreme Court
Court of appeal 
Divisional court of the high court 
High court

Decision not binding

No effects on earlier cases of it’s own

30
Q

Crown court bound by …

A 
Court of justice of European Union 
House of Lords
Supreme Court
Court of appeal 
Divisional court of the high court

Decision not binding

Own decisions on previous cases may be persuasive

31
Q

High court is bound by…

A 
Court of justice of European Union 
House of Lords
Supreme Court
Court of appeal 
Divisional court of the high court

Decision binding to county court

Effect of decisions on own cases are strongly persuasive

32
Q

Divisional court of the high court is bound by …

A

Court of justice of European Union
House of Lords
Supreme Court
Court of appeal

Decision binding to magistrates court, county court, crown court, high court

Usually bound by decision on earlier cases of it’s own

33
Q

family court bound by …

A

Court of justice of European Union
House of Lords
Supreme Court
Court of appeal

Decision not binding

Internal hierarchy of appeals which make some decisions binding

34
Q

Court of appeal bound by …

A

Court of justice of European Union
House of Lords
Supreme courts

Decision binding to magistrates court, county court, crown court, high court, divisional court of high court, family court

Civil decisions : binding subject to exceptions I.e young v Bristol aeroplane co 1944 and EU Law can follow ECHR and EI patent board of appeal

Criminal decisions: strongly persuasive

35
Q

Surpreme court bound by …

A

Court of justice of The EU

Decisions binding on : magistrates court, county court, crown court, high court divisional court, high court, Family court, court of appeals

Decides not to follow precedent unless right to do so ‘practice statement judicial decision as authority House of Lords 1966. Also strongly persuasive

36
Q

What is ratio Decendi

A

Reason for decision-

Definition; the proposition of law which decides the case in the light of context of material facts

37
Q

What does ratio decidendi do?

A

Has a binding element of the decisions - holds facts of the case

38
Q

What case defines negligence?

A

Donoghue v Stevenson 1932

man drank ginger beer with snail in it which friend bought for him- judge ruled love thy neighbour in line with Samaritan Christian bible where you must not intend to injure others

39
Q

What is Obita Dicta?

A

Words said by the way;

It’s a judgment containing judges opinions on the law should the facts of the case be different

40
Q

What is distinguishing case law

A

Where judges refer to a previous case in their decision but do not bind their decision to this. Later courts may then review and decide to bind their decision to this however it is a rare occurrence

41
Q

What is overruling?

A

Court decide previous decision of a case is no longer ‘good law’

Case example ‘candler v Cane Christmas and co

42
Q

What is the difference between reversing and upholding

A

Reversing : lower court decision is disagreed with

Upholding: lower court decision is agreed with by higher court

43
Q

How does Guadiana V godin Mendoza 2004 coincide with Rent act 1977

A

Under rent at 1977 same sex couples were entitled to tenancy left by their partner. However this was invalid law when the civil partnership act 2004 was brought into power

Introduction To Law And Practice (8 decks)

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