Podcast
Questions and Answers
What is the role of delegated legislation?
What is the role of delegated legislation?
- To limit the flexibility of legal processes
- To allow for detailed rules without a full Act (correct)
- To establish precedents in court decisions
- To create new Acts of Parliament
What does the term 'ratio decidendi' refer to in a judicial decision?
What does the term 'ratio decidendi' refer to in a judicial decision?
- Non-essential comments made by the judge
- The overall conclusion of the court's judgment
- A precedent established by a case
- The legal reasoning underpinning the decision (correct)
How did EU regulations operate in the UK prior to Brexit?
How did EU regulations operate in the UK prior to Brexit?
- They had no effect unless specifically adopted by courts
- They were automatically integrated into UK law (correct)
- They required a special Act of Parliament to be enacted
- They needed to be approved by the House of Lords
What distinguishes 'obiter dicta' from 'ratio decidendi'?
What distinguishes 'obiter dicta' from 'ratio decidendi'?
What criteria must a custom meet to be recognized as part of the law?
What criteria must a custom meet to be recognized as part of the law?
Flashcards
Doctrine of Precedent (Stare Decisis)
Doctrine of Precedent (Stare Decisis)
A legal principle established through court decisions that guides future cases with similar facts.
Delegated Legislation
Delegated Legislation
Regulations created by government bodies, authorized by Parliament, to provide details on a specific law.
Ratio Decidendi
Ratio Decidendi
The legal reasoning behind a court's decision, which lower courts must follow.
Binding Precedent
Binding Precedent
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Obiter Dicta
Obiter Dicta
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Study Notes
Delegated Legislation
- Allows for detailed rules and regulations
- Created without full Parliament Act
- Flexible and efficient for specific issues
Common Law
- Developed by judges through court decisions
- Doctrine of precedent (stare decisis): previous legal principles followed in similar future cases
- Judge may:
- Follow the precedent
- Reject it and establish a new one
- Say it does not apply or partially follow
- Ensures predictability of the law
Ratio Decidendi
- Binding part of a judicial decision
- Legal reasoning forming the basis of the court's decision
- Lower courts must follow
Obiter Dicta
- Comments/observations in a judgment not essential to the decision
- Not binding, but can be persuasive in later cases
European Union Law
- Before Brexit, EU regulations had direct applicability
- Automatically became UK law without Parliament action
- European Communities Act provided for this
- EU directives required implementation via national legislation, but some had direct effect
- Many EU laws were retained after Brexit through the European Union (Withdrawal) Act 2018
Custom
- Traditional practices gaining legal recognition over time
- Local customs (area/community specific) can be part of the law if long-established, reasonable, and certain
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Description
Explore the foundational concepts of delegated legislation, common law, ratio decidendi, and obiter dicta in this quiz. Additionally, understand the implications of European Union law on UK legislation prior to Brexit. Test your knowledge of these critical aspects of legal frameworks.
