Case Law and Judicial Precedent
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Questions and Answers

According to the text, when does a judge resort to case law as a source of law?

  • When there is a defect in the existing statutory provisions (correct)
  • When the judge wants to alter the material of the Act
  • When there is a lacuna in the law
  • When there is a clear and explicit statutory provision

    • What is the role of a judge in interpreting and applying the law according to the text?

  • To fold his hands and do nothing when a defect appears
  • To find the intention of Parliament and supplement the written words (correct)
  • To alter the material of the Act
  • To blame the draftsman for any defects in the law

    • What should a judge do when faced with a defect in the law according to the text?

  • Fold his hands and do nothing
  • Alter the material of the Act
  • Ask for clarification from the draftsman
  • Iron out the creases in the Act (correct)

    • In the context of case law, what does 'lacuna' mean according to the text?

    <p>A gap or absence in the law</p> Signup and view all the answers

    Who is quoted as saying 'a judge must not alter the material of which the Act is woven, but he can and should iron out the creases'?

    <p>Lord Denning LJ</p> Signup and view all the answers

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