I may have pinned the wrong post last night. I was falling asleep when I was posting up the entry I’d typed. I only noticed because someone had commented on it. I accidently pinned it to the facebook page for the blog. This means that it may still be popping up on people’s social network pages as recent. It was posted last year. By all means read it but please be aware that it isn’t current. I can see the stats of the most viewed entries and it was viewed quite often today. I assure you that these technical issues don’t normally happen because I haven’t tried to work while falling asleep at any point before now. I was sure that I’d pinned the most recent entry before I fell asleep. I must have scrolled down the page and clicked the one wrong by accident. I did feel myself dropping off to sleep. I had the best nights sleep I’d had in a long time but only realised late yesterday that this error had been made. I was too tired to actually remember doing it.
I’ve just finished some revision (still not sure I’ll pass the exam though). I’ve got latin words floating around my head and other rules for interpreting statutory instruments. I know that there were three latin terms on that list but don’t ask me to repeat them yet without looking because I haven’t memorised them (but, quite honestly, these terms sound like they’re something out of Harry Potter). One of them means interpreting the wording of a statute in context. The mischief rule – where judges try to work out the reason behind the statute and the issue it was trying to remedy, the literal rule – kind of self explanatory, the wording of an act is interpreted as it is written. Then there is stare decisis (latin term for stand by the decision). Obiter Dicta (other comments made by judge during case), Ratio Decidendi (this is the main part of the judgment which forms the binding parts of a judicial precedent). This is all to do with case law for those reading this who haven’t a clue what I’m talking about.
Then I had to go through the advantages and disadvantages of case law. Advantages are – it saves time because somewhere in a judicial precedent there is a written solution for most cases which come before a court meaning that a decision can be made quickly. This coincides with the fact that it carries certainty which helps solicitors and barristers advise their clients on the probable outcome of their case. Disadvantages are – Possibility of injustice in individual cases due to the strict rules of judicial precedent. And, also, confusion due to the amount of cases reported each year which makes it hard to find the relevant precedent that should be followed. There are several on each list, however I do not want to spend that long typing this entry.
I have a revision session on Hierarchy of the Courts, Dispute Resolution & Civil Courts and Criminal Courts & Lay People tomorrow. This is only unit one. I have unit two learn after this stage. I have to learn the definitions, actus reus and mens rea of about six crimes and the special defences for that one.