Precedent & Stat Inter Flashcards
(18 cards)
Distinguish the different parts of this civil case title;
Donoghue v Stevenson [1932] HL
Plantiff and Defendant, Year, Court
What is Stare Decisis?
The court’s choice to stand by the decision of precedent
What is Ratio Decedendi?
the ‘reason’ for the decision
What is Obiter dicta?
additional remarks, which are not part of the judgement of the case.
What is Precedent?
Precedent is when a court follows principles of law established in a previous case where the facts are similar
What is Common law
Laws made by courts, also referred to as Case Law
What is Statutory interpretation?
the process of interpreting the words in legislation to determine the intention of parliament
What is Statute Law?
the body of principles and rules of law laid down in statutes
What is Binding Precedent?
A court lower than the court which made the precedent MUST follow relevant precedent.
What is Persuasive Precedent?
A court higher than or equal to the court making the precedent does NOT have to follow it.
What is Overruling Precedent?
If a lower court makes a precedent, and LATER, a higher court makes a decision which CHANGES this precedent, However, the decision in the original case still stands.
What is Reversing Precedent?
When a higher court hears a case on appeal, and changes the decision
What is Distinguishing Precedent?
If a court is bound by a previous decision, it may distinguish the facts from the current case from the facts in the case which formed precedent
What is the Searle v Wallbank (UK 1947)?
The first case in the farmyard trilogy. A Horse strayed onto highway due to damaged fences. Farmer had no obligation to fix fences
What is Brisbane v Cross (1978) SCV?
The second story in the farmyard trilogy. A Motorcyclist collided with cow in Vic, Brisbane appealed and lost due to no state legislation about farmers & road users
What is Trigwell’s case 1979 (SA)?
The last case in the farmyard trilogy. A Car collided with 2 sheep that strayed, due to this in 1984 the Wrongs act was introduced to make all owners of animals liable for the animals’ actions.
What assistance can judges bring to interpreting statutes?
Judges can bring understanding to the meaning of a word, decide whether the legislation cover that circumstance or if the intention is not clear
Describe the relationship between courts and parliament
- Courts have the role of applying and interpreting acts made by Parliament
- Both work together to ensure that laws accommodate all members of society
- Courts can influence Parliament to create legislation or change current legislation
