Podcast
Questions and Answers
What does the doctrine of precedent (stare decisis) require judges to do?
What does the doctrine of precedent (stare decisis) require judges to do?
Which of the following best describes ratio decidendi?
Which of the following best describes ratio decidendi?
What is a key advantage of delegated legislation?
What is a key advantage of delegated legislation?
What must local customs demonstrate to become part of the law?
What must local customs demonstrate to become part of the law?
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Which statement about EU Law post-Brexit is correct?
Which statement about EU Law post-Brexit is correct?
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Study Notes
Delegated Legislation
- Allows for detailed rules and regulations to be created without needing a full Act of Parliament.
- This makes it a flexible and efficient way for addressing specific issues.
Common Law
- Developed by judges through court decisions.
- Doctrine of precedent (stare decisis): Previous legal principles are followed in future cases with similar facts.
- Judges can:
- Follow precedent
- Reject it and establish a new precedent
- State it doesn't apply, or partially follow.
- Ratio decidendi: the legal reasoning forming the basis of a court's decision, binding on lower courts.
- Obiter dicta: Judge's comments or observations not essential to the decision, may be persuasive in later cases.
European Union Law
- Before Brexit, EU regulations had direct applicability in the UK, automatically part of UK law without parliamentary enactment.
- Enabled by the European Communities Act.
- EU Directives required implementation through national legislation but had direct effect in certain circumstances.
- The European Union (Withdrawal) Act 2018 retained many EU laws, creating a new category of retained EU law.
Custom
- Traditional practices recognized as law over time.
- Becomes part of the law if it's: long-established, reasonable, and certain.
- Specific to certain areas or communities.
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Description
Explore the concepts of delegated legislation, common law, and European Union law in this quiz. Test your understanding of how laws are formed, the importance of precedent, and the impact of EU regulations on the UK legal system. Perfect for law students and enthusiasts alike.
