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A-Level Law Paper 1
Non-Substantive Law
| Question | Answer |
|---|---|
| What is ratio decendi? | The decision made by the judges. |
| What is orbiter dicta? | It refers to the 'other things said' in court. |
| What is the highest court? | Supreme Court |
| What is binding precedent? | When a case outcome becomes rule, and all lower courts have to use this rule in cases where the facts are similar. |
| What is the court hierarchy? | Magistrates, County, Crown, High, Divisional, Court of Appeal, Supreme |
| What is the literal rule? | Judges should apply the ordinary, natural meaning of the words used in the Act/statute when deciding a case. |
| What is the golden rule? | If using the literal rule to interpret words in a statute/Act produces an absurdity, the court should look for another meaning of the words that avoids the absurd result. |
| Who binds who in the court hierarchy? | All lower courts must abide by senior courts decisions. |
| What cases should be included in law reports? | - All which introduce a new principle or a new rule - All which modify an existing principle or rule - All which settle a question upon which the law is doubtful - All which for any reason are particularly useful |
| What was the instruction issued by the Supreme Court in 2001? | Solicitors should only refer to case reports from 'The Law Reports' if possible |
| What are the methods of avoiding precedent? | Follow Distinguish Overrule |
| What is distinguishing? | Evaluating differences between cases and determining an outcome that way |
| What is a case example of distinguishing? | Balfour v Balfour and Merritt v Merritt |
| What is overruling? | Where a court higher up in the hierarchy disagrees with a lower courts decision and says they were wrong. Courts no longer have to follow precedent |
| How can the Supreme Court depart from its own decisions? | Using the Practise Statement 1996, they can depart from their previous precedent 'where is appears right to do so' |
| What are the advantages of JP? | - Certainty of outcome in a case and consistency in decision making - Flexibility allows a judge to use a method of avoiding precedent - Time saving; using a previous precedent to decide the outcome in a case |
| What are the disadvantages of JP? | - A rigid system, as lower courts are bound by previous decisions of higher courts - Changing a previous precedent/rule is a slow process - Retrospective effect of a court's decision |
| What is statutory interpretation? | When judges are called to interpret a word or phrase which can be crucial to the outcome of a case |
| What is a narrow approach? | Where the words in a statute are unclear and could be interpreted in different ways, the judges may select and apply the meaning of the words which avoids an absurd outcome. |
| What is a wide approach? | Where the words in a statute only have one meaning but applying it would be unacceptable, judges may decide not to apply the meaning to avoid an absurd outcome. |
| What are the advantages of the golden rule? | - Respects parliamentary sovereignty - Allows judges to be more flexible - Can prevent absurdity and injustice from literal rule |
| What are the disadvantages of the golden rule? | - Requires a judge to use common sense and not what Parliament intended - Depends what the judge views as absurd - No clear guidelines on when the rule should be used |
| What is the mischief rule? | Judge looks at the reason for the statute/Act and what problem or 'mischief' the law was intended to remedy to cover the gap |
| What is a case example of the golden rule? | Re Sigsworth; Son murdered mother who did not have a will. Statute says since he was her sole issue he stood to inherit her entire estate. Court applied golden rule, as the literal rule would have led to a repugnant result. |
| What is a case example of the mischief rule? | Smith v Hughes; Prostitutes soliciting from balconies and windows that could be seen. Statute made it an offence to solicit in public places. Applied mischief rule, the activities were within the mischief the act was aimed at. |
| What are the advantages of the mischief rule? | - Tries to give effect to the true intention of Parliament - 'Rather more satisfactory result' |
| What are the disadvantages if the mischief rule? | - Very old - Risk of judicial law-making - Lead to an uncertainty of the law, impossible to know when judges will use it. |
| What is the purposive approach? | Involves a judge interpreting the law by considering the PURPOSE for which it was enacted. Extension of the mischief rule. |
| What is a case example of the purposive approach? | R v Registrar-General, ex parte Smith; Smith was a convicted murderer. Applied to get his birth certificate to find biological mother. Statute said an adopted person aged 18 can get it, however court ruled he would not get the information as his birth mo |
| What are some examples of intrinsic aids? | Preamble, schedules, punctuation, short title, long title |
| What are intrinsic aids used for? | To help find Parliament's intention. |
| Where are intrinsic aids found? | Within the statute/Act. |
| Where are extrinsic aids found? | Outside of the statute/Act. |
| What are extrinsic aids used for? | Help judges explain the meaning of words found in the Act. |
| What are some examples of extrinsic aids? | Previous acts of Parliament, earlier case law, The Interpretation Act 1978, dictionaries |
| What court hears summary offences? | Magistrates court |
| What court hears triable and summary offences? | Magistrates or Crown Court |
| What court hears indictable offences? | Crown Court |
| What are the aims of sentencing? | Punish, deterrence, reform, rehabilitate, protect and reparation |
| What are the four different types of sentences? | - Custodial sentence - Community orders - Fines - Discharges |
| What is a conditional discharge? | When the court discharges an offender on the condition that another crime is not committed within three years. |
| What is an absolute discharge? | No punishment is imposed on the offender because it is deemed that the experience of going to court was punishment enough. |
| Name some examples of aggravating factors | - Intention - Vulnerable victim - Weapon used - Premeditated -Hiding evidence |
| Give some examples of mitigating factors | - First offence - Poverty - Self defence - Mental illness - Provocation |
| What do you need to complete in order to become a solicitor? | University law degree, Legal Practise Course (LPC) and a two year training contract with a solicitors firm |
| List the key roles of a solicitor | - can provide general legal advice - carry out advocacy whereby they represent their clients in court and put forward arguments on their behalf - assisting clients with bail applications and other pre-trial matters |
| How can solicitors get the extended rights of audience? | Solicitors must apply for a certificate of advocacy and undergo further training to become a solicitor advocate. |
| Who deals with complaints against solicitors? | Solicitors Regulatory Authority (SRA) |
| How do you qualify as a barrister? | University Law Degree, Bar Professional Training Course, One year pupillage in a barristers chambers. |
| What are the key roles of a barrister? | - involves advocacy in any court, have full rights of audience in all English courts. - draft documents and provide specialist advice to solicitors on behalf of clients - known as 'councils opinion' |
| Examples of Superior Judges | - High court judges - Lord Justices of Appeal - Supreme Court justices |
| Examples of Inferior Judges | - Recorders - District Judges |
| What is the role of the judge in a criminal case? | - decide on the sentence imposed - may hold a pre-trial hearing to decide issues of bail and grant legal aid - ensures order is maintained - decide any legal issues such as ruling on the admissibility of evidence -summarise evidence for jury |
| What is the means test? | Looks at the defendants financial position and the cost of the case. |
| What is the interest of justice factors? | - person risks losing liberty - person may suffer serious damage to their reputation - person may not understand court proceedings or present their own case |
Created by:
evelynherbs
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