Judicial precedent. . Give another name for judicial precedent. Case law is another name for judicial precedent. 2. What is judicial precedent? Preceding cases/trials setting new legal principals for cases to follow and developing them along the way. 3. Name two major developments which assisted development of judicial precedent. The judicature acts 1873-75 (laid down modern hierarchy of courts) and the development of an efficient system of law reporting (creation of the council of law reporting - 1865). 4. What is Res Judicate? The judge's decision. 5. What is the ratio decidendi? The reason for the judges decision 6. What is obiter dicta? Matters spoken by the way. 7. When a legal principal is established, what is it known as? It is known as precedent. 8. What is binding precedent? Precedent that binds courts below it. I.e. the House of Lords binds the Court of Appeal, the Court of Appeal binds the Divisional Court etc. 9. What is persuasive precedent? Decisions not binding on the lower courts but may strongly influence their decisions and use them as support. 0. Explain how the system of binding precedent works in relation to the following courts; (The House of Lords; its decisions are binding on all lower courts, in the 20th century it had regarded itself as bound by its own decisions until the 1966 practice statement which allows them to depart from their
The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule.
Question 2 This essay outlines the rules of statutory interpretation. The essay will starts by explaining what the rules are, and how they are used. This will follow by the three main rules: the literal rule, the golden rule and the mischief rule. The essay will also outline the difficulties that courts face in applying the rules. The rules are not in fact rules, but guidelines. Law is a system of rules. The rules are a vital part of our social environment. We are subject to the rules at all times: at work, at home, in the shops. Statutory interpretation uses rules to help interpret what Parliament has enacted. The interpretation of statute has become a hugely personal affair with judges attempting to have their final say and using whatever means to justify their decisions in a particular case. Some judges have their own favorite rule and the different outcomes may result from the use of different rules. One judge may use a particular rule of interpretation and another judge may use another rule, even for the same case. The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule. The literal rule means the courts will give words their plain, ordinary or literal meaning even if the result is not very sensible and does not appear to be the on which parliament intended when making the law. This is the oldest of the rules and it
Magistrates (a) Explain the role that magistrates play in the criminal justice system Magistrates are involved with many aspects of the criminal justice system and have lots of jobs to do. Criminal cases where the offence in summary or triable either way are heard by magistrates. Summary would be cases with minor offences such as speeding and drink driving, whilst triable either way are potentially more serious cases such as theft, burglary or ABH. Magistrates will listen to the case presented by the defence and prosecution, decide on the verdict and pass sentence. 3 magistrates will sit on every case. A magistrate has sentencing restrictions and can give a maximum of 6 months prison, £5000 fine or 240 hours community punishment order per offence. A clerk will sit in court with the magistrates and provide legal information for the lay magistrates. A clerk is a paid professional and must have 5 years experience of being a barrister or solicitor to get appointed. A clerk can give legal advice but can't be seen to influence the decision of the magistrates. In the case of R v Eccles a clerk was thought to have influenced the magistrates decision and a successful appeal was launched. All summary cases are heard by magistrates. A triable either way case can be heard in a magistrate's court or in the crown court if the offence is deemed too serious. A magistrate will conduct
Part 'A' Law Essay- Describe the powers the Police have to stop and search and arrest individuals Stop and search and arrest powers allow the police to combat street crime and anti-social behaviour, and prevent more serious crimes occurring. A Police officer can stop and search and arrest an individual, when they are not in uniform; however if they are not wearing uniform they must show you their identity card. Under CODE A (part of a simplified version of the Police and Criminal Evidence Act 1984, that puts 'stop and search' into understandable language) the Police must not stop an individual because of their age, race, gender, sexual orientation, disability, religion or faith, the way they look or dress, the language they speak, or because they have committed a crime in the past. The Police have to treat individuals fairly and with respect. If an individual is unhappy with how the Police treated them, they can complain. If they feel they were treated differently because of their race, age, sexuality, gender, disability, religion or faith, they can complain of unlawful discrimination. Advice can be obtained from, or complaints can be made to: a Police station, local police authority, a Citizen's Advice Bureau, local Race Equality Council, the Independent Police Complaints Commission, the Commission for Racial Equality, or a solicitor. If people have difficulty understanding
In relation to the offence of murder discuss the suggestion that the law is in urgent need of reform
In relation to the offence of murder discuss the suggestion that the law is in urgent need of reform The definition of murder is derived from the explanation by Sir Edward Coke who expressed "Murder is when a (person)...unlawfully killeth..any reasonable creature in rerum natura under the Queen's peace, with malice aforethought.." - this is essentially; the unlawful killing of a human being. However, the conundrum this provides is the actus reus of murder; in that there is no distinction of the severity or gravity of the crime. This definition raises several points that require further consideration, as there are many anomalies and thought concepts that are now out dated. Coke's definition of murder used to provide that the death of the victim had to occur within a year and a day of the actus reus; so when this definition was originated the "year and a day rule" was sufficient, however with modern technology life may be maintained for longer, so already this anomaly has been reformed under the Law Reform Act (Year and a Day Rule) 1996 as the time frame was no longer relevant. There is also no distinction for mercy killing especially of those in a vegetative state. The definition of a "person" is open to interpretation, as a foetus is not considered a "person", so if death is caused before the child has an existence independent of its mother, there can be no murder. However
There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation.
Law Reform - Influences upon Parliament There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation. Law reform means making a change to the law by improving what had existed before. Law reform can be achieved by updating the law, codification of the law and consolidation of statutes. There are many different influences upon parliament for law reform. Three of these influences are Law commissions, Royal commissions and pressure groups. The law commission is the independent body established by the Law Commission Act 1965 to keep the law of England and Wales under review and recommend reforms when they are needed. The law commission is important because it is the only full-time publicly funded body established for the purpose of law reform. The law commission consists of five commissioners plus support staff. The chairman is a high court judge who is appointed for a term of three years. The other four commissioners are solicitors, barristers or teachers of law. Each of them is appointed by the Lord Chancellor for a term of five years and may serve two terms. The law commission is an advisory body which makes proposals for law reform but they also work on consolidation of statutes and statute law revision. The law
Discuss the essential differences between Civil and Criminal Law particularly in relation to their aims and objectives.
Discuss the essential differences between Civil and Criminal Law particularly in relation to their aims and objectives. Justice should be the upholding of rights and the punishment of wrongs by the law. Any society has a duty to its citizens to do the best it can to provide them with laws, which, if obeyed, will give them a reasonably safe environment. These laws will also form a framework in which to live our lives. Whether in criminal or civil law we each have a responsibility for our actions towards others. Criminal law is the upholding of standards and punishing those who break laws and offend against society. Civil law is concerned with compensating the victims of injustice- " The Criminal Justice System exists to help protect us from crime, and to ensure that criminals are punished. The Civil Justice is there to help people resolve their disputes fairly and peacefully"(Lord Irvine of Lairg, Lord Chancellor, Modernising Justice 1998) One main difference between Civil and Criminal law is their sole purpose. Both Civil and criminal law has main aims however they differ quite substantially. Criminal law can be seen as a set of rules and regulations which, if broken, will result in a punishment of either loss or liberty or a fine. In a Criminal case an offender is found guilty of a criminal offence, and he/she may be sentenced by the judge. In a Civil case there is no
(a) Explain the role and effectiveness of the law commission The Law Commission is the main law reform body. It was set up in 1965 by the Law Commission Act It is a full time body that consists of a chairman, 4 law commissioners, support staff to assist in research, and 4 parliamentary draftsmen. The Law Commission is an independent, government-funded organisation, which reviews areas of the law that need updating, reforming or developing. It makes recommendations to Parliament, and these recommendations are published in its report series. The Law Commission helps ensure that laws provide effectively for the current and future needs of our rapidly changing society. Their role which is set out in S.3 of this act states that they should: 'keep under review all the law with a view to its systematic development and reform, elimination of anomalies, repeal of obsolete and unnecessary enactments, reduction of separate enactments, the simplification and modernisation of the law.' The advantages of this law commission is that it is a full time body which shows that it is always in operation, it is the main law reform body, they have support staff to assist in research, they have a rotating chair person which shows that they have fresh ideas and brains and they have a clear role (S.3 of the act). The topics that the law commission have to consider are referred to by the Lord
TOM MORGAN 12RK AO1 Explain the theory of natural law Natural law is a theory that stretches across all cultures and ways of life. It is a universal theory that says there are definite rights and wrongs. For instance; taking human life is definitely wrong. In this respect, Natural Law is the parallel of Moral Relativism, as if you live by a Moral Relativism approach to ethics, then no actions are always right or always wrong. That is to be decided by the outcome of an action. This quote from Cicero may help explain Natural law: "True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting" This means that 'true law' or Natural Law is in harmony with nature. E.g., do not have sexual intercourse with those of the same sex or from the same family, as both these things go against nature. The most famous advocate of the Natural Law ethic was the Christian theologian St Thomas Aquinas. Aquinas developed Aristotle's ideas and argued that the natural purpose of the world is found in God. Humans are free and are capable of choosing to follow the 'natural law' of God, which is understood through reason. He believed the human purpose was, 'to reproduce, to learn, to live harmoniously in society and to worship God'. In this way, Natural law describes not only how things are but also how things ought to be. When things are fulfilling
THE EFFECTIVENESS OF NATIVE TITLE The debate about native title issues has tended to see issues from idealistic perspectives ignoring the practical realities that native title poses to governments, industry and indigenous people. The implementation of the Native Title is an appropriate and significant aspect of Australia's common and statute law, which effectively strives to develop a fair outcome for all Australian citizens. The Native Title Act 1993, like the court Mabo decision in 1992, transforms the ways in, which indigenous ownership of land may be formally recognised and incorporated within Australian legal and property regimes. The process of implementation, however, raises a number of crucial issues of concern to native title claimants and to other interested parties. These issues will need to be settled in court however, despite the many disputes between opposing stakeholders, the Australian Native Title effectively reaches the best and fairest possible outcomes for all Australian citizens. The decision of the Mabo case in 1992 resulted in the adoption of the Australian Native Title, which recognises the traditional connection aboriginals have with the land and gives them the right to a say in the development and use of certain sites. There was a great lead up to the establishment of the native title, which began when the Europeans invaded Australia, claiming the