Sources of law Flashcards
what is Primary Legislation?
refers to ‘Acts of Parliament’, ie laws or statutes passed through Parliamentary procedure as Bills
The common law system is governed by Rules of Precedent. What does this mean?
decisions of judges higher up in the hierarchy of courts and tribunals are ‘binding’ on those lower down.
As soon as a ‘point of law has been decided by any superior court, it establishes a ….
precedent (so when a point of law is decided in court, the same law must be applied to future cases)
What is ‘Ratio decidendi’?
“reason for the decision”/ the ratio is the legal principle or rule on which the court’s decision is based, applied to the material facts of the case.
What is ‘obiter dictum’?
when a judge comments on an area of law, on which is not binding to the judgment of the case e.g., hypothetical facts.
Which one of the following statements is incorrect?
A. Judges cannot and do not make law; they can only apply and clarify existing set precedents, based on historically established principles, to given situations.
B. In addition to their evaluation of the law and application of it to the facts before them, judges also need to consider which remedy is appropriate in any given situation.
C. In producing a judgment, it is very important for judges to exercise their judgement.
D. The concluding functional role of a judge, having heard a case, is to make an appropriate order, including any applicable remedy.
E. The phrase ‘stare decisis’ describes the system of precedent by which all courts apply the principles previously established by higher courts to a new case with the same set of material facts.
A
Which one of the following is not an equitable remedy?
A. Specific performance.
B. A mandatory injunction.
C. Damages for losses caused by negligence.
D. A declaration.
E. Rescission.
C
what is statutory interpretation?
process where judges determine which Parliament intended when enacted a piece of legislation.
what are the 3 main categories of ECHR rights?
absolute, limited, and qualified
What are the main sources of EU law and examples?
PRIMARY
- Treaty of European Union (TEU) also known as Maastricht Treaty
- Treaty of the Functioning of the European Union (TFEU) also known as Treaty of Rome
SECONDARY
- Regulations, Directives, and Decisions
- Case law of the Court of Justice of European Union (CJEU)
3 methods developed by Court of Justice to enforce Directives
- Direct Effect (available if the implementation date has passed)
- Indirect Effect (an obligation on domestic courts to interpret domestic law compatibly
with EU law, where possible) - State Liability (a form of compensation available for a state’s failure as long as it has
sufficiently serious consequences.)
How does a Regulation differ from a Directive under EU law? Only ONE option is CORRECT.
A. Regulations are primary legislation while Directives are secondary legislation.
B. Regulations are binding legislative acts while Directives are purely advisory.
C. Regulations lay down detailed rules while Directives only lay down objectives.
D. Regulations are directly applicable while Directives have to be implemented.
E. Regulations are solely a product of UK law while Directives derive from EU law.
D
Which ONE of the following statements CORRECTLY defines a preliminary ruling?
A. A ruling by the Court of Justice on a question of law referred to it by a national court.
B. A ruling by a national court on whether leave should be granted to appeal to the Court of Justice.
C. A ruling by the Court of Justice commencing infringement proceedings against a Member State.
D. A ruling by a national court on the relevance of EU law to the legal proceedings.
E. A ruling by the Court of Justice on the admissibility of a legal application made to it.
A
