JUDICIAL PROCESS OF LAW MAKING

What is statutory interpretation?

Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute.

What is the literal rule?

The courts give words their plain, ordinary or literal meaning, as if it would appear in a dictionary. They apply this meaning even if the result is not very sensible.

What is the golden rule?

Do to others whatever you would have them do to you.

Whitely v Chappell 1868

Defendant was charged with offence of impersonating any person entitled to vote, person they pretended to be was dead. Court held not guilty a dead person is not 'entitled to vote'

What is Judicial Precedent?

The source of law where past decisions of the judges create law for future judges to follow.

What is an Original Precedent?

A decision on a point of law that has not been decided before.

What is a Binding Precedent?

A precedent set in a higher court that must be followed by all lower courts.

Donoghue v Stevenson 1932

Drank a bottle of ginger beer, discovering the remains of a snail, where the manufacturing company owed a duty of care.

Daniels v White 1938

The claimant bought a bottle of lemonade and when it was drunk he felt a burning reaction in his throat. The lemonade was found to have corrosive metal in it. The case of Donoghue v Stevenson was used when suing for compensation even though the facts were slightly different. It was sufficiently similar for the purpose of precedent.