Eduqas A-Level Law law making (Component 1) overview quiz quiz

The literal rule

The golden rule

The mischief rule

The purposive approach

Pepper v Hart

Heydon's Case

Whiteley v Chappell

Re Sigsworth

A comment made in passing by the judge that is not essential to the actual decision

The dissenting judgment given by a judge who disagreed with the majority of the court

The legal reasoning necessary for the decision, which can bind later courts

The facts of the case as found and summarised by the trial judge

The rule in Young v Bristol Aeroplane Co

The Human Rights Act 1998 and its provisions

Distinguishing on the material facts

The Practice Statement 1966

Delegated legislation made by a government minister under an enabling Act

An Act of Parliament passed through both Houses and given the Royal Assent

A by-law made by a local authority to regulate conduct in its own area

An Order in Council made by the Privy Council, often in an emergency

Because it is unpopular with the public and has attracted media criticism

Because it is ultra vires (beyond the powers in the enabling Act)

Because Parliament has since changed its mind about the underlying policy

Because it is old and was made many years before the present dispute arose

Committee stage, then first reading, then second reading, then the third reading

Second reading, then first reading, then third reading, then the Royal Assent

First reading, second reading, committee stage, report stage, third reading

Royal Assent first, then first reading, then second reading, then committee stage

Heydon's Case

Adler v George

Fisher v Bell

Pepper v Hart

Avoiding a binding precedent by showing the material facts are different

Overturning a lower court's decision when the case is taken on appeal

A higher court stating that a lower court's earlier decision was simply wrong

Following an existing precedent exactly because the facts are the same

A Royal Commission

The Law Commission

The Privy Council

The Judicial Appointments Commission