7180889
Description
Mind Map by Julia falconer, updated more than 1 year ago
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Created by Julia falconer
about 8 years ago
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Primary sources of Law: Case
Law
- An offer, a counter offer, acceptance
and a final acceptance
- Purpose
- Develops the Law
- Develops law much quicker than legislation ever can
- Develops as society develops
- Develops as society develops
- Develops law much quicker than legislation ever can
- Enhances Statute
- Puts the meat on the bones
- any enhancement can be
overturned by parliament if not
liked
- any enhancement can be
overturned by parliament if not
liked
- Puts the meat on the bones
- Fills in the Blanks
- There is no Q that does not have an answer
- Judges can make up the answer to Q’s by
arguing analogy, and looking for the good
social outcome etc.
- Judges can make up the answer to Q’s by
arguing analogy, and looking for the good
social outcome etc.
- There is no Q that does not have an answer
- Develops the Law
- How it Operates
- - Can develop and enhance our
understanding of an existing Law
- - Sometimes takes a wrong turn and
we have to wait for later cases to put
the case law back on straight &
narrow
- - Can develop and enhance our
understanding of an existing Law
- Recalibrating the Law
- -when something is just not right anymore
for society, so it has to be recalibrated
- - Marital Rape: S v HM 1989 SLT 469 – in 1801 it was said by (?) that
In no uncertain terms, it is a legal impossibility for a man to rape
his wife (LOL WTF) – not a crime because he is never having sex
with his wife w/o her consent????????
- - The court in 1989 decided that this is NOT how a marital
relationship is today. Marriage does not = ongoing consent to
sexual intercourse whenever her husband wants it. YASSSS
- - No legislation to this rule, it was just no longer appropriate
- - No legislation to this rule, it was just no longer appropriate
- - The court in 1989 decided that this is NOT how a marital
relationship is today. Marriage does not = ongoing consent to
sexual intercourse whenever her husband wants it. YASSSS
- "Family" Definition:
- - Gammans v Ekins [1950] 2 all ER 140 – when a tenant dies, the
tenancy can be taken over by a member of the deceased family.
– The woman he had lived with for 25 years, the mother of his
children claimed to be a member of his family, but they had
never married = an unmarried couple are not a family = eviction
for this gal
- - Dyson Holdings v Fox [1975] 3 All ER 1030 – Court
changed its mine = an unmarried survivor of a
cohabitation was indeed a family member – Because
‘Family’, as what society understands, has changed
- - Simpson v Harrogate Bourough Council [1986] 2 FLR 91 –
cohabitated couple (lesbians) – are they ‘Family’? – Nah
according to the court. You’re either lesbian, or Family
- - Fitzpatrick v Sterling Housing Association
[1999] 4 All ER 707- Now society has moved
on significantly = same sex couples ARE
‘Family’
- - Dyson Holdings v Fox [1975] 3 All ER 1030 – Court
changed its mine = an unmarried survivor of a
cohabitation was indeed a family member – Because
‘Family’, as what society understands, has changed
- - Gammans v Ekins [1950] 2 all ER 140 – when a tenant dies, the
tenancy can be taken over by a member of the deceased family.
– The woman he had lived with for 25 years, the mother of his
children claimed to be a member of his family, but they had
never married = an unmarried couple are not a family = eviction
for this gal
- - Marital Rape: S v HM 1989 SLT 469 – in 1801 it was said by (?) that
In no uncertain terms, it is a legal impossibility for a man to rape
his wife (LOL WTF) – not a crime because he is never having sex
with his wife w/o her consent????????
- -when something is just not right anymore
for society, so it has to be recalibrated
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