Sources Of Law

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The case of BRB v Herrington _______ Addie v Dumbreck in relation to the duty of care owed by an occupier to a trespasser.
overruled
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What is meant by the Latin term "Noscitur a sociis" when used in the context of UK law?
A word is known by the company it keeps.
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Who exposed himself in a public lavatory?
Mr Cheeseman
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What is legislation?
Legislation is law made by Parliament.
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According to the _____ rule, the words of the statute are to be given their plain and ordinary meaning.
Literal rule
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What is meant by statue interpretation?
The interpretation of a statue by courts.
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What is the doctrine of stare decisis?
The doctrine of precedent
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What is the difference between a consolidating act and a codifying act?
Consolidating Act brings together all statutory provisions on one subject throughout the statute book and give them an order. A good example of this is The Equality Act 2010. There is no change made to existing law. Codifying Acts bring together all
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In Merrit v Merrit the court ______ the case of Balfour v Balfour.
distinguished
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The _____ approach to statutory interpretation is used in the ECJ.
Purposive
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Parliament consists of two chambers. The unelected chamber is known as the
House of the Lords
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Analyse how judges apply statutory provisions when deciding a case.
2 approaches, Literal and Purposive. 3 rules; Literal, golden and Mischief.
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Can the magistrates court set precedent?
No it cannot
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What are the four factors the courts are required to consider according to Heydon's case?
All questions starting with "WHAT.."
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What is a precedent? 
A previous decision made in court which informs future cases
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Which rule of statutory interpretation should judges apply first?
Literal rule
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Parliament consists of two chambers. The elected chamber is known as the
House of Commons
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Which of the following cases are original precedents?
Donoghue v Stevenson
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Under the _____ rule the words may be given a secondary meaning if applying the literal leads to absurdity.
golden
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In criminal trials if the burden of proof is placed on a defendant, the standard of proof is that of beyond reasonable doubt.
This statement is false. In criminal trials the burden of proving the guilt of a defendant falls on the prosecution and such guilt must be established beyond reasonable doubt.
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Stages in the Legislative process
First reading, second reading, third reading, comittee stage, report stage, royal assent
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The _________ is binding on all courts in England and Wales including the Supreme Court.
ECJ, European Court of Justice
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In Smith v Hughes the court applied the ____rule and the prostitutes were liable as they were on view to the public.
Mischief
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Overruling:
departing from an existing precedent
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n which of the following cases was the 1966 Practice Statement used?
Pepper v Hart , R v Shivpuri
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Persuasive precedent
influential not binding
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Ratio decidendi:
reason for the decision
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Stare decisis
Stand by the decision
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Obiter Dicta
By the way
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Distinguishing
Where the facts of the case differ from the binding precedent
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Which one of these is not a method of avoiding a precedent: Dissenting, overruling, reversing or distinguishing?
Dissenting
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Per incuriam
a decision made in error of law.
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When do acts of Parliament come into force?
After an act has been through the stages in Parliament, Acts of Parliament usually come into force at midnight on the day they receive Assent.
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What is the difference between extrinsic and intrinsic aids to interpretation?
An intrinsic aid is a tool found within the act itself, this maybe either notes in the margins or sections of the act. Extrinsic aids are tools that judges can use that are not within the act. For instance, Dictionaries, Hansard and other laws.
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Other cards in this set

Card 2

Front

A word is known by the company it keeps.

Back

What is meant by the Latin term "Noscitur a sociis" when used in the context of UK law?

Card 3

Front

Mr Cheeseman

Back

Preview of the back of card 3

Card 4

Front

Legislation is law made by Parliament.

Back

Preview of the back of card 4

Card 5

Front

Literal rule

Back

Preview of the back of card 5
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