Judicial law making process

Question 1

Precedent

Answer 1

Past decisions of judges in cases which become law to be used in cases of similar nature

Question 2

Statutory interpretation defintion

Answer 2

Statute is a written law which judges must read and based on their reads further law can be created.

Question 3

Statutory interpretation types: literal rule

Answer 3

Judges use the everyday dictionary defintons of the words in the law

Question 4

Statutory interpretation types: Golden rule

Answer 4

Modification to the literal rule to avoid strange outcomes

Question 5

Statutory interpretation types: Mischief rule

Answer 5

The courts can apply what the law intended in a broader sense rather than what it states.

Question 6

Not following precedent: distinguishing:

Answer 6

Precedent is only legally binding if the facts of the case are similar. so if the case is different in fact the precedent does not have to be followed

Question 7

Not following precedent: overrulling

Answer 7

Courts have a hierarchy. A higher court can overrule a decision made by a lower court