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MELS Week 10

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kazzasingh's version from 2015-12-05 15:16

Section

Question Answer
Cheeseman v Director of Public Prosecutions (1992) indecency in street
Bedford v Bedford (1935) son killed mother (intestacy)
Fisher v Bell (1961) flick knife outside shop window
Expressio Unius Exlusio Alterius "to list one thing is to exclude another”
R v Harris (1836) Harris bit off friend’s nose and policeman’s finger.
Noscitur a Sociis “a word known by its associates”
Magor and St Mellons v Newport Corporation (1951) The Court of Appeal had tried to fill in the gaps in a statute where parliament had intended an effect.
Royal College of Nursing v DHSS (1981)It was legal for nurses to carry out such abortions. The Act was aimed at doing away with back street abortions where no medical care was available.
Pepper v Hart (1992) House of Lords departed from Davis v Johnson and took a purposive approach to interpretation, holding that hansard may be referred to and that a teacher was not required to pay tax on a perk he received.
Ejusdem Generisgeneral words at the end of a list that can be read in the context of any specific words around them.
Other statutes in "pari materia"statues sharing a common purpose/relating to the same subject
Stare Decisis to stand by that which has been decided
Ratio Decidendi the reason for the decision
Obiter Dictum judges comments made "by the way"
Grant v Australian Knitting Mills (1935) chemical not washed in underpants
To distinguish a precedent court treats reasoning of previous decision as inapplicable as facts different
Overruling where a higher court explains why a precedent set by a lower court in a previous case is incorrect.
Overturning/Reversing where a decision is appealed & superior court finds it differently
Making decisions “per incurium” without considering essential authority
Austin v Commissioner of Police of the Metropolis (2009) false imprisonment at anti-capitalist rally in Oxford Circus
memorize
Inter alia: among other things

Section

Question Answer
European Convention on Human Rights ratified in 1951
European Social Charter ratified in 1962 (accepted 60/72 paragraphs)
International Labour Organisations signed/ratified 68
Article 2right to life
Article 3right to protection from torture and inhuman and degrading treatment
Article 4slavery and forced labour
Article 5liberty and security of a person
Article 6fair trial
Article 7retrospective criminal laws
Article 8respect for private and family life
Article 9freedom of thought, conscience and religion
Article 10freedom of expression
Article 11freedom of peaceful assembly and association
Article 12right to family and a life
Article 14prohibition of discrimination in the enjoyment of these rights
Article 15additional protocols protecting (right to education)
Absolute rightssuch as the right to protection from torture and inhuman and degrading treatment (Article 3). The state can never withhold or take away these rights.
Limited rightssuch as the right to liberty (Article 5). These rights may be limited under explicit and finite circumstances
Qualified rightsrights which require a balance between the rights of the individual and the needs of the wider community or state interest.
Ireland v UK (5310/71) (1978) “five techniques” in NI constituted inhumane punishment.
Smith Grady v UK (2000) overturning of ban on homosexuals working in military
HRA 1998incorporates ECHR articles 2-12 and 14, articles 1-3 of first protocol and 1-2 of sixth protool
YL v Birmingham City Council (2007) private care home & “functions of a public nature”
Margin of Appreciation the space for manoeuvre that Strasbourg is willing to grant national authorities, in fulfilling their obligations under the ECHR.
Proportionality balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act.
Ghaidan v Godin-Mendoza (2004) homosexual succeeding tenancy
Bellinger v Bellinger (2003) female transsexual marriage
R v Secretary of State for the Home Department (2001)prison policy requiring prisoners not to be present when their property was searched and their mail was examined - unlawful
R v Governor HMP Whitmoorconditions imposed by prison authorities on the use of a computer by a prisoner in connection with litigation did not breach his HR.
A v Secretary of State for Home Department (2004)held that indefinite detention of foreign prisoners in Belmarsh without trial was incomp. with ECHR.
Moseley v News Group Limited (2008) newspaper exposed involvement in Naxi themed S&M acts.
Hirst v UK (No.2) (2005)court ruled that blanket ban on British prisoners exercising the right to vote is contrary to the ECHR.
memorize

Section

Question Answer
European Coal and Steel Community Treaty of Paris (1951) - only 6 member states
European Economic CommunityTreaty of Rome (1957) - only 6 member states. UK joined in 1973
European Communities Act1972
European Union created by the Maastricht Treaty (1992)
Treaty of Lisbon 2007
Factortame Ltd v Secretary of State for Transport (1990) EU Law has supremacy over UK law (fisheries)
European Commission28 commissioners initiate policies which become new EU legislation
European Parliament Elected members supervise work of commision
Council of the EU/MinistersEU's main decision making body and can amend/reject legislation proposed by commission
European Council Most influential body (heads of state) and meets at summits 4 times per year
CJEU28 judges and 11 advocate generals
EU Sources of LawTreaties, Regulations, Directives, and Decisions
Regulations EU secondary legislation, made by EU council/commission that is immediately enforceable.
DirectivesEU secondary legislation made by EU council/commission that member states must implement within 3 years
Decisions Binding on and directly applicable to those to whom it is addressed.
Costa v Enel 1964established the supremacy of European Union law over the laws of its member states (electricity)
Direct Applicability whether an EU law needs a national parliament to enact legislation to make it law in a member state. EU treaties and EU regulations are directly applicable.
Vertical Direct Effect EU legislation can be enforced against a member state.
Horizontal Direct Effect EU legislation can be enforced against another individual.
memorize