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1.1 judicial process in law making - Coggle Diagram
1.1 judicial process in law making
statuatory interpretaton
judge's task to state the law
apply it to the case
serve the role of APPLYING the law
interpret wording of the law
e.g judges in higher courts (Supreme Court/ Court of Appeal)
called to interpret words/phrases in a statute (legislation)
literal rule
judge gives words in a statute their ordinary, natural and grammatical meaning
done even if result is unreasonable/ leads to unintended consequences
whitely v chappell
chappell accused of "impersonating any person entitled to vote"
pretended to be a dead person on voter's list
judge interpreted literal rule
defendant wasn't guilty as "dead people aren't entitled to vote"
outcome would have been different if golden rule was applied
golden rule
modified literal rule
done when literal rule results in absurd, unjust/ impractical outcomes
first apply the literal rule
don' t use the original meaning
judicial precedent
when a judge finds that a court of higher/same level has set a precedent for a certain type of case
the judge must follow that precedent
ensures certainty/fairness in the law
no precedent set (completely unique case)
judge sets the original precedent
others must now follow it
original precedent
judge setting a new precedent as a previous one doesn't exist
binding precedent
if its made by a higher court it must be followed in lower courts
if its made in a lower court it can be overruled by higher courts
if made in a same level court it can be stuck to or overruled by supreme court
donoghue v stevenson
the plaintiff was drinking a ginger beer
found a dead snail at the bottom
became ill
judge had to decide if manufacturer owed "duty of care"
used Lord Atkin's neighbour principle
consumer was a 'neighbour' to manufacturer
owed duty of care
this was the original precedent
led to developments in law of negligence
daniels v white
the plaintiff bought lemonade and felt burning in throat
corrosive metal at the bottom
case was similar to donoghue v stevenson
binding precedent
manufacturer harmed customer via negligence
hierarchy of courts
supreme court
criminal branch
court of appeal
crown court
magistrates' court
civil branch
court of appeal
high court (king's bench)/ chancery/ family court
county court