Paper 1 Els Aqa A Level Law Already Passed

Mischief Rule (statutory interpretation) {Ans: Looks back in the gap of the previous law and interprets the act to cover that gap (Smith v Hughes (1960)) More likely to be just and promotes the purpose of the law Can lead to undemocratic judges making the law}Practise Statement 1966 {Ans: Prior to this Lords were completely bound by previous decisions unless they were made in error First used in Conway v Rimmer (1968) Used to overrule in R v Shivpuri (1986) Powers transferred to Supreme Court (Austin v Southwark (2010))}Disadvantages of juries {Ans: · Slow and expensive to explain Law to juries · Unpopularity of being called up · Outside influences can affect juries (R v Twomey (2010)) · Impossible to ensure complete neutrality (Sander v UK (2000))}Types of precedent {Ans: Original precedent- point of law never decided before Binding precedent - facts of second case sufficiently similar, comes from a more senior or similar court Persuasive precedent - not binding but a judge may follow it, often from Obiter Dicta, dissenting judgments, privy council or lower courts}Regulation of barristers {Ans: Bar Standards Board: set training requirements set standards of conduct monitor the service provided handle