Parliment Flashcards
What are the two main sources of English law?
Judicial precedent and legislation.
What is judicial precedent- the common law?
This consists of decisions of senior courts made in the course of litigation. These are binding.
What is the ratio decidendi?
Reasons for the decisions made in court. This decision binds others in similar disputes in the future.
What is the obiter dicta?
These are things said by the way and can be used to help in the future but are not binding.
What was the ratio decidendi of the Carlill v Carbolic Smoke Ball case?
Offers must be clear for the court to enforce agreements and it was not necessary to let the company know she was accepting the offer as her conduct was sufficient acceptance.
What was the obiter dicta of the Carlill v Carbolic Smoke Ball case?
If I advertised that I lost my dog and advertised a reward a note will not be needed to show acceptance of offer.
Name some persuasive precedents.
Obiter dicta, foreign decisions, and dissenting judgments.
Can the House of Lords (the Supreme Court) overrule their own decisions?
Up until 1966, they had to follow previous decisions made but after 1966 they can overrule their own decisions when it appears right to do so.
Overruling and reversing the decision
What is legislation?
This is a law made by Parliament also known as statues or acts of parliament.
How are Acts of Parliament created?
First, a green paper is created which then moves on to a white paper. It then moves into the house of commons for the first reading. Any changes are made and a second reading takes place. Once this is approved it moves to the committee stage which is made up of the public. It then moves back to the report stage and the third reading. If they are happy it moves to the house of lords where the above steps occur again. This can go back and forth until both houses are satisfied. It then reaches royal assent and becomes a statue.
