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Practice questions

1 What are the three main rules of statutory interpretation? What is the effect of these rules?

2 What is the effect of the ejusdem generisrule and the rule expressio unius est exclusio

alterius?

3 What is meant by the doctrine of judicial precedent?

4 What are the five main levels of the courts, for the purposes of precedent?

5 What is meant by ratio decidendi and obiter dicta? What is the significance of the distinction?

What is meant by overruling, reversing and distinguishing?

6 Find a case concerning the Human Rights Act 1998 either in a newspaper or on the Internet.

Which articles of the Convention did the case concern? Describe the outcome of the case or,

if it has not yet been decided, state what you think the outcome of the case might be.

7 Describe how the system of judicial precedent operates. Do you consider that the advan-

tages of the system outweigh the disadvantages?

Task

Draw up a report for your employer, briefly explaining the following matters:

(a) The main rules of statutory interpretation.

(b) The way in which the system of judicial precedent operates.

(c) The ways in which EU law is created and the effect of EU law in the United Kingdom.

(d) The effect of the Human Rights Act 1998.

Visit http://www.mylawchamber.co.uk /macintyreessentialsfor:

Access to the accompanying Pearson eText– an eBook

version linked to all of the resources below which you can

personalise with your own notes.

Multiple choice questions, flashcards and practice exam questions, to test

yourself on this chapter.

Use Case Navigatorto read in full some of the key cases referenced in

each chapter.

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36 Chapter 1The legal system