Statutory Interpretation
Who is the supreme law-maker?
Parliament
Provide two alternate terms for precedent.
Common law and judge-made law
What is the acronym to help remember the factors?
PACCTS
What is the acronym to help remember the features of the relationship?
SAAC
What do you need to do in Part B?
Include the STIMULUS
What is a novel case?
A brand new case before the courts, with no statute or precedent to guide decision-making
What are the two acronyms to help you remember all of the aspects of precedent?
PROBS & RODD
What was the sperm case (Qld) an example of? Why?
Judicial activism - law was changed/judge took into account broader social/political factors
What two things MUST be present in your answer/s about this content?
Courts & Parliament
What is the hardest response to structure?
Analyse
What is the easiest/simplest/main effect of statutory interpretation?
Court gives meaning to words or phrases in legislation
What is the name of the binding part of the decision and the non-binding part of the decision?
Ratio decidendi & Obiter Dictum
Why would the cost of an appeal restrict courts in law-making?
Too expensive for parties, therefore not much chance for higher court to change law (reverse, overrule)
What is the key skill for the features of the relationship between Courts & Parliament?
Analyse
How many marks would a question like "Discuss the extent..." have?
6-8-10 marks
Provide the name of one reason for statutory interpretation.
Resolve problems during the drafting of a bill OR resolve problems in application in court
Provide one example of a persuasive precedent.
Lower court OR court on same level OR court in different state/country OR obiter dicta comments in judgments
Identify one way that precedent restrict the courts as law-makers.
I.D. precedent difficult OR difficult to ID. ratio decidendi OR binding p. OR limit flexibility OR judges unwilling to create new law OR need a case OR parl. can abrogate
What happens during abrogation?
Parliament passes legislation to change/remove/delete common law made by judges in a case.
How many marks is this SAC?
24 marks
What is the title for people who draft legislation?
Parliamentary Counsel
A precedent developed by a judge is changed on appeal. This is called...
Reversing.
Define standing when bringing a case to the High Court.
Normal standing (personally & directly affected) PLUS special interest (affected/impacted more than general public)
Through comments in their decisions (e.g. obiter dicta statements OR ratio decidendi statements)
What is a common mistake when answering questions about judicial conservatism & judicial activism?
Students focus on politically conservative/active as opposed to judicially conservative (no change in the law)/active (change in the law)