Use to study for 2nd test
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Legal Principle | Cases that have a common theme
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| Jurisdiction | The boundary of the courts power
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| Statutory interpretation | When the courts go back and examine what parliament meant or wanted when the legislation was made
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| Negligence | To act recklessly or carelessly
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| Obiter dictum | Latin for 'words in passing' It is the judges personal thoughts about a case
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| Ratio decideni | The reasoning behind the judges decision. Contains principles of the law which the judges uses to come to their decision.
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| Stare decisis | The lower courts have to follow the decision of the higher courts.
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| Hierarchy | Order of courts importance
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| Precedent | Like cases are treated alike. A law made by courts which may be used in future cases.
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| Law made by a judge is know as | A common Law
A Judge made Law
A case Law
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| Courts main role is to | Settle disputes
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| 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
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| Binding Precedent | Must be followed in future cases. Must be from the same hierarchy and from a higher court.
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| 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.
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| The types of courts in the hierarchy | Lowest - Magistrate
Middle - County
Highest - Supreme (2) Trial of division and Court of Appeal
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| By-product | Where courts change/make a law to help settle a dispute
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| What court did the Studded Belt case start in? | Magistrate
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| What court was the Studded Belt taken to? | Supreme
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| Statue | A law made by Parliament
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| Criminal outcome | Known as a sanction
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| Civil outcome | Known as damage
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| Lawyers | Do the research for a barrister
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| Barristers | Speak to the judge
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Created by:
hannahfitzy
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