Unit 23 Aspect Of The Legal System And Law Making Process Analysis
Unit 23: Aspects of the Legal System and Law-making Process
Assignment 3
Law Making and Interpretation (3/3)
Task 1
P6 – Explain how precedents are applied in court:
Precedents are a past case that is used as an example or as guidance as it has similar facts and circumstances. There are 3 types of Precedents; Original, Binding and Persuasive. They can be used instead of statutory laws in civil cases. They are created when a new case, which has never been trialled in the UK courts. An example of this was the London bombings in 2005. The rulings for this trial will now be applied to future cases, similar to this. Judges look at a previous case, which is similar and in an equal or higher court and they will then use this information to decide …show more content…
Precedents will take in consideration past cases which are similar and then they will then use the case as a guide to determine the outcome. Laws made through Acts of Parliament are new laws or changes to existing ones. They will go through many stages before they are made a law. In court judges use precedents to help them make their decision and if there isn 't a previous case similar then they will use the case for future cases and this is known as an original precedent. Acts of parliament start off as ‘Bills’ and are made by either the government or public and they will be approved by both House of Lords and the House of Commons, before finally being approved by the Royal Assent. Once the Act has officially been made into a law it will apply to everyone in the UK. Bills vary in how long they take to become an official law and it usually weeks to years, depending on the importance and whether there needs to be any amendments or not. Precedents on the other hand, do not take long as they will be made after the court case has finished and the offender has been found guilty or …show more content…
4. Non-natural use -
The snail was in the drink because of the supplier and therefore it was not the cafe owners fault.
I don’t think Stevenson could not be liable as it was already in the drink when he accepted it from the supplier and so he had no control over it. He did not put the snail in on purpose so it wasn 't his fault. However, Donoghue should be compensated as it was not right that she had that in her drink, she also received personal injury, so the supplier should be held liable and pay compensation.
References
E-lawresources.co.uk,. 'Donoghue V Stevenson '. N.p., 2015. Web. 20 Mar. 2015.
E-lawresources.co.uk,. 'Literal Rule Of Statutory Interpretation '. N.p., 2015. Web. 27 Mar. 2015.
E-lawresources.co.uk,. 'Re Sigsworth '. N.p., 2015. Web. 20 Mar. 2015.
E-lawresources.co.uk,. 'Rylands V Fletcher '. N.p., 2015. Web. 20 Mar. 2015.
E-lawresources.co.uk,. 'Statutory Interpretation '. N.p., 2015. Web. 20 Mar. 2015.
Inbrief.co.uk,. 'Precedents: What Are They And When Are They Used? '. N.p., 2015. Web. 20 Mar. 2015.
UK Parliament,. 'Acts '. N.p., 2015. Web. 20 Mar. 2015.
UK Parliament,. 'Passage Of A Bill '. N.p., 2015. Web. 20 Mar.
Assignment 3
Law Making and Interpretation (3/3)
Task 1
P6 – Explain how precedents are applied in court:
Precedents are a past case that is used as an example or as guidance as it has similar facts and circumstances. There are 3 types of Precedents; Original, Binding and Persuasive. They can be used instead of statutory laws in civil cases. They are created when a new case, which has never been trialled in the UK courts. An example of this was the London bombings in 2005. The rulings for this trial will now be applied to future cases, similar to this. Judges look at a previous case, which is similar and in an equal or higher court and they will then use this information to decide …show more content…
Precedents will take in consideration past cases which are similar and then they will then use the case as a guide to determine the outcome. Laws made through Acts of Parliament are new laws or changes to existing ones. They will go through many stages before they are made a law. In court judges use precedents to help them make their decision and if there isn 't a previous case similar then they will use the case for future cases and this is known as an original precedent. Acts of parliament start off as ‘Bills’ and are made by either the government or public and they will be approved by both House of Lords and the House of Commons, before finally being approved by the Royal Assent. Once the Act has officially been made into a law it will apply to everyone in the UK. Bills vary in how long they take to become an official law and it usually weeks to years, depending on the importance and whether there needs to be any amendments or not. Precedents on the other hand, do not take long as they will be made after the court case has finished and the offender has been found guilty or …show more content…
4. Non-natural use -
The snail was in the drink because of the supplier and therefore it was not the cafe owners fault.
I don’t think Stevenson could not be liable as it was already in the drink when he accepted it from the supplier and so he had no control over it. He did not put the snail in on purpose so it wasn 't his fault. However, Donoghue should be compensated as it was not right that she had that in her drink, she also received personal injury, so the supplier should be held liable and pay compensation.
References
E-lawresources.co.uk,. 'Donoghue V Stevenson '. N.p., 2015. Web. 20 Mar. 2015.
E-lawresources.co.uk,. 'Literal Rule Of Statutory Interpretation '. N.p., 2015. Web. 27 Mar. 2015.
E-lawresources.co.uk,. 'Re Sigsworth '. N.p., 2015. Web. 20 Mar. 2015.
E-lawresources.co.uk,. 'Rylands V Fletcher '. N.p., 2015. Web. 20 Mar. 2015.
E-lawresources.co.uk,. 'Statutory Interpretation '. N.p., 2015. Web. 20 Mar. 2015.
Inbrief.co.uk,. 'Precedents: What Are They And When Are They Used? '. N.p., 2015. Web. 20 Mar. 2015.
UK Parliament,. 'Acts '. N.p., 2015. Web. 20 Mar. 2015.
UK Parliament,. 'Passage Of A Bill '. N.p., 2015. Web. 20 Mar.