1.1 - judicial processes Flashcards

(5 cards)

1
Q

what are the judicial processes

A

(government made law)

judicial precedent

statutory interpretation

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2
Q

what is judicial precedent

A

laws made by judges

consistency

common law - make precedent if not one to follow

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3
Q

2 cases for judicial precedent

A

donoghue v stephenson (1932) - formed modern day law of negligence

daniel’s v white (1938) - similar purpose of precedent

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4
Q

what is statutory interpretation

A

judge interprets meanings if nothing to follow

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5
Q

2 cases for statutory interpretation

A

whiteney v chappell (1868) - impersonated dead man, voted, dead man can’t vote, acquitted

r v ireland (1998) - robert ireland called 3 women, assault used non physically for first time, interpreted psychological harm too

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