System of Precedent

Question 1

What is stare decisis

Answer 1

Let the Decision Stand - court rulings in previous cases dictate results in later cases

Question 2

What is vertical binding effect

Answer 2

Cases from higher courts bind lower courts

Question 3

Do Supreme Court decisions bind the Supreme Court

Answer 3

No - to allow flexibiility in the common law

Question 4

Do Court of Appeal decisions bind the Court of Appeal?

Answer 4

Yes, for civil cases
For criminal cases, the court has discretion to depart from its own decisions if (i) decision was wrong

Question 5

How to High Court decisions bind the High Court?

Answer 5

If the High Court was acting as an appellate court, the decision binds itself
As a court of first instance, its decisions bind lower courts but NOT itself

Question 6

Do the Magistrates Court and County Court make binding decisions?

Answer 6

No

Question 7

When is a court decision generally binding

Answer 7

When the case involves similar facts and laws

Question 8

Which part of a judicial decision is binding

Answer 8

Ratio dicidendi (parts essential to courts decision - facts, laws and interpretation of laws)

Question 9

What are the decisions of a minority judgment or non-obiter statements called?

Answer 9

Obiter Dictum

Question 10

What use does Obiter have in a current matter?

Answer 10

Persuasive but not binding authority