Case Law

Question 1

what are the four sources of law

Answer 1

legislation
common law
european union law
european convention of human right

Question 2

what is common law

Answer 2

law made in the courts, made by judges

constantly evolving and adapting

Question 3

what is european union law

Answer 3

our membership of the EU ensures that this law actually takes precedence over our own

Question 4

what is the european convention of human rights

Answer 4

ensures all of our courts protect the rights identified within the ECHR

Question 5

magistrates court

Answer 5

summary/triable either way cases

traffic offences, minor assaults

Question 6

what is the biggest sentence in magistrates court

Answer 6

£5000 fine or 6 months imprisonment

Question 7

crown court

Answer 7

indictable offences

murder, rape, robbery

Question 8

what is the biggest sentence in crown court

Answer 8

no limit

Question 9

court of appeal

Answer 9

2 divisions (criminal and civil)

hears appeals of sentences and convictions given by crown court

heard by lord justices of appeal or high court judges

Question 10

supreme court

Answer 10

hears cases of the most importance in criminal or civil where outcome impacts public

heard by supreme court justices

Question 11

how does common law work

Answer 11

built on process of judicial precedent which means the process of judges making decisions based on what has happened there

Question 12

what does the latin phrase ‘Stare Decisis’ mean

Answer 12

stand by the decision

means that judges must follow the actions of that case, regardless of their agreement in what they mean or whether they agree

Question 13

pillars of judicial precedent

Answer 13

for judicial precedent to exist, the judges must be applying the law in a broadly similar way, the judges must follow decisions made in similar cases before them

Question 14

name 6 law reports

Answer 14

all england law reports
criminal appeal reports
times law reports
criminal law review
the law reports
online transcripts/twitter/websites

Question 15

what is binding

Answer 15

not everything that a judge says is binding, the only part that will bind future judges is that ‘ratio decidendi’ or the ‘reason for the decision’

Question 16

what is the ratio decidendi

Answer 16

the rule of law, expressly or impliedly treated by the judges as a necessary step in reaching his conclusion, having regard to the reasoning adopted by him

Question 17

what is obiter dicta

Answer 17

when judges discuss other issues which contributed to the issue but were not directly relevant

it is not binding but may be persuasive

Question 18

what is quashing

Answer 18

if the CoA allows an appeal on conviction, then that conviction is quashed

Question 19

what is overruling

Answer 19

if CoA supreme court choose not to follow a precedent from court that which does not bind them, it has been overruled

Question 20

what is reversing

Answer 20

if a case goes on appeal from the CoA to SC, and is allowed than the judgement of the lower court is reversed

Question 21

what is disapproval

Answer 21

court may express disapproval at a decision, but do not want to or are unable to overrule it, but their expression of disapproval invites dissent and allows a court with higher authority to overrule if they so wish

Question 22

what are decisions per incuriam

Answer 22

if a court has failed to spot something which is an obvious error through legislation or precedent and therefore feel it would be inappropriate to follow

Question 23

give two advantages of case law

Answer 23

consistency = ensures that cases with similar material facts are treated the same and that neither receive different or inappropriate treatment at the hands of a judge

predictability = allows lawyers to advise their clients as to what is a likely outcome of the case. they may know whether a plea is good or bad idea

Question 24

give two disadvantages of case law

Answer 24

inflexibility = can mean law remains the same with no change for many years

continual bad decisions = same ideas are perpetrated and therefore result in the same old, outdated or inappropriate law remains in place