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Legal's test

Use to study for 2nd test

QuestionAnswer
Legal Principle Cases that have a common theme
Jurisdiction The boundary of the courts power
Statutory interpretation When the courts go back and examine what parliament meant or wanted when the legislation was made
Negligence To act recklessly or carelessly
Obiter dictum Latin for 'words in passing' It is the judges personal thoughts about a case
Ratio decideni The reasoning behind the judges decision. Contains principles of the law which the judges uses to come to their decision.
Stare decisis The lower courts have to follow the decision of the higher courts.
Hierarchy Order of courts importance
Precedent Like cases are treated alike. A law made by courts which may be used in future cases.
Law made by a judge is know as A common Law A Judge made Law A case Law
Courts main role is to Settle disputes
Persuasive Precedent Involves decisions, which are influential but not binding. They can be made by Judges from a lower court, a different hierarchy or even a different country
Binding Precedent Must be followed in future cases. Must be from the same hierarchy and from a higher court.
Precedent used in courts Legal teams present a precedent for a judge to follow. They will provide the most favorable precedent for the present case.
The types of courts in the hierarchy Lowest - Magistrate Middle - County Highest - Supreme (2) Trial of division and Court of Appeal
By-product Where courts change/make a law to help settle a dispute
What court did the Studded Belt case start in? Magistrate
What court was the Studded Belt taken to? Supreme
Statue A law made by Parliament
Criminal outcome Known as a sanction
Civil outcome Known as damage
Lawyers Do the research for a barrister
Barristers Speak to the judge
Created by: hannahfitzy