Legal Principles and EU Law Basics
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Questions and Answers

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?

  • 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?

  • 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'?

    <p>Obiter dicta are persuasive but not binding</p> Signup and view all the answers

    What criteria must a custom meet to be recognized as part of the law?

    <p>It must be longstanding, reasonable, and certain</p> Signup and view all the answers

    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.

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