Legal Reasoning Flashcards

A statute states: 'No vehicles are permitted in the park.' A man enters the park on a motorized wheelchair. Which interpretive approach would most likely permit his entry?

Answer: Purposive approach

The purposive approach considers legislative intent — if the law aimed to reduce noise/danger, a medical device may be excluded.

Under the doctrine of precedent, which court's decisions are strictly binding on all other English courts?

Answer: Supreme Court

The Supreme Court sits at the apex of the hierarchy and its decisions bind all lower courts.

A defendant is charged with theft. The prosecution proves he took the item but cannot prove he intended to permanently deprive the owner. What is the most likely outcome?

Answer: Acquittal on theft

Theft requires both actus reus (taking) and mens rea (intent to permanently deprive); without the latter, the theft charge fails.

Which principle holds that a person cannot benefit from their own wrongdoing in law?

Answer: Ex turpi causa

Ex turpi causa (unclean hands) prevents a claimant from relying on their own illegal act to found a claim.

A judge disagrees with a precedent set by a court of equal standing. What technique can she legitimately use to avoid following it?

Answer: Distinguishing

Distinguishing allows a judge to show the material facts differ enough that the precedent does not apply.

In contract law, an offer is made by post and the offeree posts an acceptance that never arrives. Under the postal rule, is a contract formed?

Answer: Yes, when the letter was posted

The postal rule provides that acceptance is complete upon posting, not upon receipt by the offeror.

Parliament enacts a law that contradicts an earlier Act. Under the doctrine of parliamentary sovereignty, what happens?

Answer: The later Act impliedly repeals the earlier one

Parliamentary sovereignty means Parliament cannot bind its successors; a later Act impliedly repeals inconsistent earlier legislation.