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49073
Legal Method
Description
Mind Map on Legal Method, created by rosina.stoney on 04/17/2013.
Mind Map by
rosina.stoney
, updated more than 1 year ago
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Created by
rosina.stoney
about 12 years ago
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Resource summary
Legal Method
Constitutions
Parliament
legislature: Prime Minister, HL, HC + Monarch
Executive
Government, Cabinet, Minister + Monarch
Judiciary
Courts
Judiciary
Court Fuctionaires
Clerk of Court
Time keeping and advices judge
Court Recorder
Publishes courts decision
Bailiff
Manages people
Usher
Helps witness + seating
Superior judge
High court, court of Appeal and Supreme court
Inferior Judge
District judge- Magistrates and County court
Recorder- Crown and County
Circuit judge- Crown and County
Appeals system
Civil
Non judicial resolutions
Negotiations
Informal, cheap and quick
Arbitration
More formal, expensive and binding
Mediartion
3rd party hears cases separately
Small claims
less then £5000 in county court
Fast Track
£5000-£25000 in county court and dealt with in 30 weeks
Multi track claims
over £25000 in county or high court
Criminal
Magistartes
6 months sent
Level 5 fine
Defendant chooses trial by jury
Crown Court
preliminary hearing
With Jury
Court of Appeal
Defendant against conviction or sentence
Prosecution- error of law
Supreme Court
Point of law of general public importance
Citation
Neutral citation
parties, year of judgment, court and case number.
Old Citation
Year, Volume, Abbreviation of series 1st pg of report and court
Statutory Interpretation
Literal rule
Fisher v Bell
Golden rule
R v Allen
Mischief rule
Heydons
Purposive appraoch
Pepper v Hart
EU Statute
Von Colson
Edusdem generis rule
Expressio unius est escusio alterius
Noscitur a sociis
Precedents
Courts bound by decisions of superior courts
Bound by previous decision of own court
Persuasive precedents
Obiter dicta from courts above, ratios from lower courts
Practice statement
Conway v Rimmer
Distinguishing
Merrit v Merrit
EU Law
ECHR
S1- conventions rights
S2- interpreting conventions
S3- Interpreting legislation
Ghaidin
S4- Declaration of Incompatibity
Mendoza
Vertical Effect
Individual and state
Horizontal effect
Individual and Individual
primary - treaties
Secondary-directives
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