Flashcards in Week 2 Deck (20)
A “statue” can also be referred to as an....
Act of parliament
In relation to ADR, arbitration refers to the practice of...
An individual with specialist knowledge sitting before the parties involves, listening to the issue and then providing a number of possible solutions.
Proceedings are held in private and the parties can decide between themselves the formalities of the proceedings e.g. formal hearings etc.
In relation to ADR, mediation is the process of...
An independent and unbiased third part acting as a messenger between two conflicting parties. The hope being that through this messenger the parties can communicate and reach an agreement.
In relation to ADR, conciliation is the process of...
Giving a middle man (messenger, as in mediation) the power to suggest ground for agreement between the two conflicting parties.
Conciliation is a step up from mediation.
The three most important sources of law for England are...
1. Legislation - acts of parliament.
2. Case law - precedents formed by judges in cases.
3. EU law - some existing EU laws have been brought into English play post-brexit, new EU laws will not apply to England
What is the main act of parliament concerned with business practices in the U.K.?
The companies act 2006.
What is meant by the term “delegated legislation”?
Parliament delegates its power to enact legislation to other bodies such as HMRC and Local councils as they’re in a better position to decide appropriate laws.
Takes the burden off parliament and is a much quicker process.
Give three advantages and disadvantages of delegated legislation .
1. Saves parliament time.
2. More appropriate process for local decisions.
3. A quicker process.
4. Can be amended quickly and easily.
1. Parliament loses direct control.
2. Owing to the ease of creation, excessive legislation could be an issue.
3. Ease can mean insufficient time has been spent considering issues.
Judges can reverse the decision of...
A lower court
Judges can overrule a principle of law...
If it is deemed it is out of date
In relation to judicial precedent, the rules which must be followed in the future are referred to as...
In relation to judicial precedent, the judges suggestions for future cases (but are not binding) are referred to as...
What are the 4 techniques judges may use to interpret the law?
1. The literal rule.
2. The golden rule.
3. The mischief rule.
4. The contextual rule.
The literal rule entails ...
Giving the words in the statute their ordinary grammatical meaning.
The golden rule entails...
If the literal rule would result in an absurd or irregular decision, judges can use the golden rule to interpret the wording of the statute.
The mischief rule is concerned with...
Identifying the “mischief” or issue the legislation was trying to prevent.
The contextual rule is broader than the...
Mischief rule and looks at the general purpose of the statute.
Doctrine of binding precedent can also be known as...
Stares decisis. (Staray-dey-si-sis)
Give three advantages and disadvantages of judicial precedent.
1. Consistency and certainty.
2. Saves time.
3. Random development of law