Judicial Precedent

Question 1

3 doctrines of precedent

Answer 1

Stare decisis
Obiter dicta
Ratio decidendi

Question 2

Stare decisis definition

Answer 2

Stand by the decision (follow decisions of past cases where facts are the same)

Question 3

Obiter dicta definition and example

Answer 3

Things said by the way. Hypothetical discussion of law, not binding.
Hill v Baxter gave situations where acts would be involuntary

Question 4

Ratio decidendi

Answer 4

Reason for decision

Question 5

Hierarchy of court structure

Answer 5

Higher courts bind the lower courts

Question 6

What does the SC bind?

Answer 6

Binds all courts and itself, with the exception of the Practice Statement 1966

Question 7

Practice Statement 1966

Answer 7

Allows SC to depart from decisions ‘where it appears right to do so’

Question 8

What does the CoA and High Court bind?

Answer 8

Binds lower courts and itself, with the exception of Young v Bristol Aeroplane

Question 9

Young v Bristol

Answer 9

Can depart from decisions if made per incurium (in error), or previous decision conflicts so one must be chosen

Question 10

3 types of precedent

Answer 10

Binding-must be fllowed
Persuasive-judge can choose whether to follow or not
Original-a precedent that has never been decided before

Question 11

Donoghue v Stevenson and Grant v Australian Knitting Mill

Question 12

FORD

Answer 12

Follow
Overrule
Reverse
Distinguish

Question 13

Overrule and example

Answer 13

Courts state law set in previous case is wrong.

Pepper v Hart overruled decision in Davis v Johnson-Hansard could now be used where wording is ambiguous

Question 14

Reversing and example

Answer 14

Higher court changes the decision of a lower court in the same case on appeal

Sweet v Parsley-on appeal, not a strict liability offence

Question 15

Distinguishing

Answer 15

Judges can avoid following a decision by finding differences in facts

Question 16

Rickards v Rickards Podberry v Peak