MORE JUDICIAL PRECEDENT

Question 1

Binding precedent

Answer 1

A precedent which must be followed

Question 2

Case that goes with binding

Answer 2

Donoghue v Stevenson and grant v Austrialan knitting mills

Question 3

Donoghue v Stevenson

Answer 3

A women found a snail in her ginger beer and become very ill. She took the manufacturer to court and courts said the manufacturer is liable to the end consumer of that product. She won the case and created an original and binding precedent that the company owed a duty of care to the consumer

Question 4

Grant v Australian knitting mills

Answer 4

Had to follow Donoghue.
He bought full body underwear and developed a severe skin disorder and was hospitalised for a year. Took them to court followed Donoghue as he was not given the duty of care he was initled too

Question 5

Original precedent

Answer 5

A precedent which involves a point of law that’s yet to be decided

Question 6

Case that goes with original

Answer 6

Re A

Question 7

Re A

Answer 7

Mary and Jodie conjoined twins, doctors said they’ll only live until they are 9 if not separated. If they are separated Mary will die and Jodie will live longer. Parents didn’t want them separated it went to court and was decided they have to be separated . Original precedent was made that it was in the best interests for the child

Question 8

Persuasive precedent

Answer 8

Precedent in which a judge can look at the legal principles and if persuaded by the legal reasoning they can follow

Question 9

Case that goes with persuasive

Answer 9

R v Gotts followed r v Howe

Question 10

R v Howe

Answer 10

Murder case, the obiter was ‘the defence of duress should not be available for those who attempt murder’

Question 11

R v gotts

Answer 11

Persuaded by r v Howe’s obiter statement and followed it. 16 year old ordered by his dad to kill his mam otherwise he would shoot him. He pleaded guilty and appealed the judges rules, appeal was dismissed and conviction upheld

Question 12

What can make a precedent persuasive

Answer 12

Obiter dicta statements
Decisions from privy council
Courts lower in hierarchy

Question 13

Following

Answer 13

To apply the same legal principle from an earlier case to a present case because the material facts are similar and the legal principle in the earlier case is from a court higher up in the hierarchy, so they are bound. Or it was an earlier decision of the same court

Question 14

Overruling

Answer 14

When a lager court determines that the law in a earlier and different case was wrongly decided. This may occur if a higher court decides that a decision made in an earlier and inferior court is wrong

Question 15

Reversing

Answer 15

A court higher up in the hierarchy overturns the decision of a lower court in the same case

Question 16

Distinguishing

Answer 16

Allows a judge to avoid an otherwise binding precedent. It works where the material facts are different enough from a previous case so as to allow a judge to draw a distinction of the facts. When this is done they don’t have to follow the binding prevent and they are said to have distinguished from the case and set a fresh precedent

Question 17

Case to go with following

Answer 17

Donoghue v Stevenson and grant v Australian knitting mills

Question 18

Case to go with reversing

Answer 18

Sweet v parsley

Question 19

Cases to go with distinguishing

Answer 19

Merritt v Merritt distinguished Balfour v Balfour

Question 20

Overulling case

Answer 20

R v r

Question 21

Sweet v parsley

Answer 21

Upheld the decisions of the trial court and the divisional court that the appellant was guilty of being concerned in the management of premises used for the purpose of smoking cannabis contrary to the dangerous drugs act

Question 22

R v r

Answer 22

The House of Lords overruled the commonly held rule that a man could be guilty of raping his wife. R v r decided they can be guilty

Question 23

Balfour v Balfour and Merritt v Merritt

Answer 23

Merritt distinguished Balfour. The court of appeal distinguished the the case of Balfour on the grounds that the parties were separated

Question 24

When was the practice statement made

Answer 24

1966

Question 25

Practice statement cases

Answer 25

Pepper v hart overruling Davis v Johnson
Herrington v brb overruling Addie v dumbreck
R v shivpuri overruling Anderton v Ryan