Judicial Precedent (Paper 1) Flashcards

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1
Q

Judicial precedent meaning

A

Principle that past decisions of judges create law for future judges to follow. This source of law is known as ‘case law.’

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2
Q

Stare decisis

A

Stand by what has been decided and do not unsettle the established

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3
Q

How stare decisis works

A

When a case has similar facts to an older case decided by a higher court, the judge in the present case must follow the decision of the higher court and apply the same principles of law in their own case

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4
Q

Ratio decidendi

A

The reason for the deciding, and the binding part of the judgement as it creates a precedent for future judges to follow

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5
Q

Obiter dicta

A

Other things said, parts of the judgement which do not form the ratio, can be used as persuasive precedent such as Lord Dennings swarm of bees analogy in Hill v Baxter

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6
Q

Law reporting

A

Created by the Council of Law Reporting, contains the full judgement of the case so that future cases can follow the decisions

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7
Q

The hierarchy of the courts

A

Lower courts are bound to follow the precedents set by courts on the same level or higher

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8
Q

The Practice Statement

A

Since 1966, the Practice Statement has allowed the Supreme Court to change the law if it believes an earlier case was wrongly decided, and has the flexibility to refuse to follow an earlier case if it appears ‘right to do so’

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9
Q

Distinguishing

A

If the facts are materially different then there is no obligation to follow the previous case, an example is R v Brown and R v Wilson

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10
Q

Overruling

A

Court is asked to review whether a precedent created by a court lower in the hierarchy is correct law

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11
Q

Advantages of precedent

A

Consistency and fairness in the law, flexibility

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12
Q

Disadvantages of precedent

A

Complexity, rigidity

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