Law making - Stat Int + judicial precedent

Statutory interpretation

The way In which judges interpret the language used in acts of parliament

Literal rue

Using a words plain ordinary and literal meaning even if it results in absurd or harsh outcome

Golden rule + 2 types

Where a word has two meanings - pick obvious one

Wide use - Alter meaning of word to produce parliaments intentions

Mischief rule

looking back before law was created to see what gap it was trying to cover

Purposive approach (bullshit 4th thing)

Language should be interpreted in a way in which reflects the spirit of the statute

Judicial precendent

Where previous judges decisions dictate law for the future to follow

Stare decisis

To stand by what has previously been decided

Ratio decidendi

The reason for deciding

Obiter dicta

Other things said by the judge

Do not form the ratio decidendi

However they can be usefully followed in future cases

Court hierarchy (civil)

Court of justice of European union

Supreme Court

court of appeal

division court

High court

county court

Court hierarchy (criminal)

Court of justice of the European Union

Supreme Court

court of appeal

queens bench divison

crown court

magistartes court

Types of precedent (2)

Binding precedent - must be followed due to hierarchy of courts

Persuasive precedent - Not have to be followed

Examples of judges not using precedent

Overruling - legal rule in previous case is wrong and is replaced

Reversing - Overturning decision form a lower court

Distinguishing - Where facts are so different form a previous case