Midterm Flashcards
(23 cards)
What does QB stand for
Law reports queens bench division
What does KB stand for
Law reports kings bench division
What does W.L.R stand for
Weekly law reports
What does all E.R stand for
all England law reports
What does WLUK stand for
West law United Kingdom law reports
What does S.J stand for
Solicitors journal
What is the court name of KB
Kings bench court division of court of England and Wales
What does the court of QB stand for
Queens bench court division of court of England and Wales
What court does SC stand for
Supreme court
What court for PC stand for
Privy council (until 1st jan 2004)
Positive treatment includes
Followed
Applied
Approved
Adopted (outside of jurisdiction)
Negative treatment includes
Not followed
Overruled
Distinguished
Doubted, disapproved, criticised
Basic Of Armony
Plaintiff =Armony
1722
No obiter or terms
KB
Bridges v hawkesworth
Plaintiff- bridges
1851
QB
Obiter - “the finders right would have been clearly stronger if the money hadn’t been found on the street”
Treatment - Followed Armony “the general right of a finder to any article”
Cur ad vault
Elwes v Briggs
1886
Plaintiff = property owner (elwes)
Court =chancery division
Sharman case
1896
QB
Lord Russell CJ
Obiter = “whether the item is found by an employee of the owner or by a stranger the presumption”
Treatment = DISTINGUISHES bridges “the general principle is where a person has possession over a house”
Hannah v peel
1945
Plaintiff -Hannah -finder
Obiter dicta- “the item found was attached to the land or building the occupier would have had a better title”
Treatment - FOLLOWED - bridges and hawkesworth “a man does not necessarily possess a thing”
Parker v BA
1982
Defendant = British airways
Court COA
Donaldson &everleigh LJ
Obiter dicta
1) “If an item was found in a bank vault or house there would be no need”
2) “trespassers do not acquire finderes rights”
Treatment
1) approved Armony
2) OVERRULED bridges -brought spectrum in
3) DISTINGUISHED Sharman - materially different
Tamworth industries v attorney general
1991 Plaintiff - Tamworth (occupant) HC C.J -chic justice Obiter dicta - bank vault or house v public property (reference to Parker)
Treatment ADOPTED -Parker “ I adopt the analysis of Donaldso CONSIDERED -bridges DISTINGUISHED-Sharman CONSIDERED -Hannah
Cur ad vult
In a case that has more than one judge how is the ratio decideni determined
There can be as many ratios as judges
They will favour the narrowest interpretation as the ratio for the case
What is the concept of obiter dicta
Latin for “by the way” a hypothetical statement made by the judge that does not relate directly to the facts of the case
It is not apart of the ratio and therefore cannot be binding, however it may be persuasive for future cases
Higher court obiter = more weight
What does ratio decindi mean
Latin for “the reason” or the rational for the decision. It is the principle the case establishes
It is the task of a law reported to draw out from the material contained in the judgment what the ratio decendi is
What does cur ad vult mean
Latin for “the court wished to be advised” used in a law report to indicate the courts judgment was reserved.
Likely to carry more weight as the judge has taken more time to make their decision
Higher persuasive weight
