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A-Level Law AQA Paper 1 and Paper 2 ELS 2024 Comprehensive Exam Review
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A-Level Law AQA Paper 1 and Paper 2 ELS 2024 Comprehensive Exam Review
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A-Level Law AQA Paper 1 and Paper2 ELS 2024 Comprehensive
Exam Review
statutory interpretation rules - Answer>> the literal rule:
words given their plan literal meaning
fisher v bell "offer for sale"
make laws certain but unjust
the golden rule:
literal rule but avoids interpretation that leads to absurdity
narrow- chose one meaning of two r v allen
broad- change meaning re sigworth
respects parliaments use but limited use
mischief rule:
look at the mischief act intended to cover and interpret it that way
royal college nursing v dhss
just result but uncertainty
purposive approach:
for eu law. look at purpose and intention of act
r v seat state of health.
no absurdity
statutory interpretation 2 - Answer>> insintric aids:
help interpret statute to make it clearer
long/short title- what it achieves Theft Act 1968
section headline- make sense of act Shah
interpretation section- on modern acts Theft Act
extrinsic aids:
materials outside the court
dictionairy- Vaughan
hansard- reports whats been said davis-johnson pepper-hart
impact of eu:
,purposive used in eu justice court. uk law interpreted with aims of
eu law
Human Right Act 1998:
legislation interpreted in a way with human rights Crime Act- what
is exceptional circumstance
The Judicairy - Answer>> types of judges:
supreme- hear all appeals
C of A- lord chief justice-criminal, master of rolls-civil. hears
convictions
high- chancellor, president of family+QBD
crown- serious criminal cases high+circuit judges
county- civil cases circuit and district judges
magistrates- low criminal, district judge
tribunals- specific civil issues
independence of judiciary:
security of tenure- not under gov control. must serve for min 5
years and can be removed from petition of houses to monarch for
misconduct
immunity from suit- cant be sued when serving correctly
independence from executive- from external pressure
reasons for:
ensure fair verdict based on court evidence
methods for:
immunity from prosecution of acts done during trial. errors can be
appealed
The Nature Of Law - Answer>> procedural law- framework for
other laws
substantive law- create legal rights
public laws- state+citizen relationship
private laws- rights enforceable between people
criminal law:
, create criminal offences and punish those who commit them.
crown prosecutes D found guilty beyond reasonable doubt.
sources of law:
custom- come about through disproval of society
statue- passes if houses of parliament
common- developed via judicial decisions
judical precedent - Answer>> past decisions create future law
binding- decision is past case in higher court must be followed
persuasive- doesn't have to be followed with reasoning
hierarchy of courts:
supreme- bound by eu
CofA- bound by supreme and itself
QBD- bound by CofA supreme and itself
family- binding on high court
high- bound by all
C of A doesn't follow own decisions when:
previous decision was an error
theres two conflicting past decisions
later conflicting supreme case
practise statement 1966:
supreme doesn't have to follow own decisions
stare decisis- early case guidance for future
ratio decendi- reason for decision
obiter dicta- statement not part of law
law reporting:
accurate record of past decisions. codes for ref
ways of avoiding precedent:
distinguishing- material facts sufficiently different merit-merit
balfour-balfour
overruling- higher court doesn't follow lower
+=certaintity of law, fairness
-=complex not democratic
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