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8 Cards in this Set
- Front
- Back
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Reversing |
An appeal a higher court says the decision in current case is wrongad |
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Advantages and disadvantages |
Flexibility Consistency Stop judges having to look at every case fresh Slow growth Compelxity Changes in law take too long |
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Literal rule |
Words of an act given their natural and ordinary meaning Enforced will of parliament e.g whitely c chapel |
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Advantages of literal rule |
Clear and redo at least results Judges are following what park would of wanted Too harsh Ansurdg decisin Judges nit using common sense
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Golden rule |
Where literal rule produces and absurd results judges can subscribe any reasonable meaning that is effective of parliament inebrion |
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Advantages and disadvantages |
Avoid absurd and Repugnant verdicts that park don’t want Judges are staying to adapt the laws which goes against the monstququie |
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Mischief rule |
Interparaing an act so judges stop th epronlem parl was addressing smith v Hughes |
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Ad and dis of mischief |
Sensible decisions that park would approve of Judges use their intiavl skill to come to a decision Judges are ignoring park words Park meant to be supreme so judges should obey park In rcn v she’s judges should of asked park to make a new law
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