Law - Key Terms

law key terms so far

hansard

the record of the debate when the cat was passed in parliament

what case changed the rules on using hansard

Pepper v Hart

conditions for using hansard

what you do before it and when you use it

before- get a statement by the minister who introduced the act

before- use extrinsic and intrinsic aids

use when words are ambiguous, obscure or could lead to an absurdity

define extrinsic aids

external sources which help interpret meaning

define intrinsic aids

internal sources which help interpret meaning, matters within the statute itself

give examples of extrinsic aids

• previous acts on the same topic'

• historical setting

• earlier case law

• old dictionaries

give examples of intrinsic aids

• long and short titles

• preamble (introduction)

define the character of a rule

a general norm, mandating or guiding conduct

define a statute

a law

define statutory interpretation

the way in which you interpret the law/ specific acts- necessary because word meaning, attitudes and knowledge changes over time

define literal rule

interpret rules word for word, with their ordinary grammatical meaning

define golden rule

stretches the meaning of words in order to have a just and sensible result

purposive approach

considers the intention of parliament when they made the rule

define judicial precedent

refers to judge-made law aka case law

when something comes to court where there is no existing law. past decisions of judges create decisions for future judges to follow.

define stare decisis

stand by what is decided

the decision from the previous case must be followed

define a judgement

a speech made by the judge who heard the case

they state their decision and explain their reasons

define ratio decidendi

the reason for deciding

this is binding

define obiter dicta

“other things said”

when the judge gives his decision he may give other examples that his decision could apply to. this is not binding

where do barristers have ‘full rights of audience’

every court

counel’s opinion

barristers giving advice to solicitors

King’s Counsel

specialist barristers in a particular area of law and more challenging cases

non contentious work

straightforward; not an argument or 2 sides fighting

where do solicitors have rights of audience

magistrate’s and county court

role of a solicitor

• gives legal advice to clients

• non contentious work

• advocate for and represent clients

• does preliminary work to prepare the case

role of a barrister

• ‘referral profession’ solicitors instruct barristers

• draft documents

• provide advice

case stated appeal

an appeal on a point of law that goes to the administrative court. bot the prosecution and defence can use this appeal route.

summary offence

the least serious offences, can only be tried in the magistrate’s court

examples of summary offences

• driving offences

• criminal damage <£5000

• shoplifting <£200

triable either way offences

the middle range in crimes, tried in either the magistrates or the Crown Court

examples of triable either way offences

• theft

• assault causing actual bodily harm

indictable offences

most serious crimes, tried first in magistrates, then in the Crown Court

examples of indictable offences

• murder

• manslaughter

• rape

role of judges in civil cases

• allocating the case

• pretrial issues (eg discovery of documents and agreeing a timetable)

• preside over the cort, decide legal issues eg admissibility of evidence, give a reasoned decision

• award damages and deal with costs

• in appeals, law-making role eg statutory interpretation and following or avoiding precedent

role of judges in criminal cases

• responsible for all matters of law

• hold pre-trial; bail and granting legal aid

• ensure order is maintained and prosecution and defence present their case

• decide legal issues eg admissibility of evidence

• summarise evidence for the jury and direct them

• decide sentence