Rocket writing 2+ chapter 2 summary - Legal Studies

Adversarial system

Where the representatives (lawyers) ask questions and try to help their client win their case. Asking questions back and forth.

Inquisitorial system

Where the court or part of the court (the judge) does the questioning and most common in countries that have civil legal systems.

Common Law

A group of rules that was developed in England to administrate a common set of laws that is placed in the whole kingdom. Common laws were made by judges!

Precedent

When a court makes a case, a precedent can help other cases later on

Binding precedent

When higher courts create a decision, the lower courts are bound to follow that precedent.

Persuasive Precedent

When a lower court makes a decision, the higher courts may be influenced or persuaded by that precedent.

Statue Law

Statue Laws are made by the parliament and go through the 8 steps

Ratio decidendi

A particular reason why a judge come to the decision and leads to a precedent

Ratio dicta

Other remarks the judge made regarding the case, but does not form part of the decision, therefore doesn’t become a precedent.

Equity

Equity corrected injustice by applying principles of fairness

What are the 8 steps to make a ‘statue’ law

1. New law is identified: Identifying you need a new law

2. Draft bill: draft reading is sent to the lower court for discussion

3. First reading: the first reading of the title of the new law

4. Second reading: the draft bill is read, passed around

5. Committee stage: the bill is then debated and any amendments are made

6. Third reading: A vote takes place, and if voted in agreement it goes to the upper house

7. Upper house: The upper court reads, disscuses and votes. If agreed then it gets passed onto the governor. If not it can be sent back to the lower house for adjustments or rejected.

8. Royal assent: The governor gives the formal approval and is now an act of parliament.