Edexcel IAL Law Paper 1 Master Study Guide

Vocabulary flashcards covering judicial precedent, statutory interpretation, and delegated legislation based on the Edexcel IAL Law Paper 1 study guide.

Doctrine of Binding Precedent (Stare Decisis)

Meaning "let the decision stand," this principle dictates that lower courts are legally bound to follow the ruling made by higher courts in past cases with similar facts.

Ratio Decidendi

The core legal reason for the judge’s decision, which forms the binding precedent for lower courts.

Obiter Dicta

Translated as "things said by the way," these are comments, hypotheses, or observations made by judges that are persuasive only and not legally binding.

Practice Statement 1966

A rule allowing the House of Lords (now Supreme Court) to depart from its own previous binding decisions "when it appears right to do so."

Per Incuriam

A decision made through carelessness or error, which forms one of the exceptions allowing the Court of Appeal to depart from a previous decision.

Overruling

A method of avoiding precedent where a higher court states that a rule laid down in a lower or past case was wrong and replaces it.

Distinguishing

A mechanism where a judge avoids a precedent by showing that the material facts of the current case differ from those of the previous case.

Reversing

A mechanism where a higher court changes the decision of a lower court on appeal within the same case.

Literal Rule

A rule of statutory interpretation that involves giving words their plain, ordinary dictionary meaning, even if it leads to an absurd result.

Golden Rule

A rule of statutory interpretation that modifies the plain meaning of words to avoid an absurd or unjust outcome.

Mischief Rule

A rule of statutory interpretation that identifies the gap or problem in the law before the Act was passed and interprets the statute to fix that gap.

Purposive Approach

A modern approach where judges look at the overall legislative purpose behind an Act rather than just the literal text.

Hansard

The official transcript of Parliamentary debates in the UK, permitted as an external aid to reveal Parliament's intention.

Human Rights Act 1998 (s.3)

A statutory provision requiring courts to interpret legislation in a way that is compatible with Convention rights "so far as possible."

Delegated / Secondary Legislation

Law made by bodies other than Parliament (such as government ministers, local councils, or public authorities) using authority given by an Enabling Act.

Statutory Instruments (SIs)

Rules made by government ministers and departments for national implementation, such as traffic regulations or building safety codes.

Bylaws

Laws created by local authorities or public corporations affecting specific areas or operational zones, such as local dog bans.

Orders in Council

Emergency legislation or technical legal updates made by the Privy Council in the name of the Monarch.

Declaratory Theory of Law (Blackstone)

The traditional view that judges do not make law, but merely discover and declare what the law has always been.