9 - Law making : Judicial precedent

Question 1

judgments

Answer 1

When senior Judges make case law it sets a precedent i.e.. It creates a new rule that everyone must follow in the future ​

Question 2

ratio decendi

Answer 2

(reason for deciding) this is what sets the precedent​

Question 3

obiter dicta

Answer 3

The rest of the judgement
not binding but sometimes the judge uses this section to talk about what would have been different if the individual facts of the case were different – eg. Hypothetical situations

Question 4

binding precedent

Answer 4

which means every court has to follow it and it can only be changed by an even higher court

Question 5

persuasive precedent

Answer 5

a decision wich does nit gave to be followed by later cases, but which the judge may decide to follow

Question 6

where may persuasive precedents come from

Answer 6

courts that dont bind (judicial commitee of the privy council)
or
come from courts lower down int hierachy

Question 7

judical comitee of the privy council

Answer 7

the highest court, not even bound by itself.
binds

Question 8

high court

Answer 8

the lowest court
bpund by all courts above it but not itself

Question 9

what courts do not create precedents

Answer 9

the county court
corwn court and
magistrates court

Question 10

practise statment 1966

Answer 10

when teh supreme court replaced the house of lords in 2009, the cositutional reform act 2005 transfered their powers to the supreme court

Question 11

stare decisis

Answer 11

a decision in an early case will stand as guidance for all future cases.

Question 12

ratio deciendi

Answer 12

the part of the judgment which forms tehprecedents

Question 13

obiter dicta

Answer 13

comprises the rest of the judgment apat from the ratio deciendi. doesnt have to be followed in future judgments but can offer guidance

Question 14

law reporting

Answer 14

law reporting mut be an accurate recird if what decisions are made. the judgemnt is written down word for word and then published

Question 15

what decisions do judged face when faced with precedent?

Answer 15

follow
overrule
distinguished

Question 16

follow a precedent

Answer 16

the judge applies the principle to their current case.
must follow a precednet when a judge in a higher court or on the same evel made teh precedent

Question 17

overrule a precedent

Answer 17

a judge in a later case states that the precedent is wrong
may occur when a higher court overules an earlier ruling made in a lower court

Question 18

distinguish a precedent

Answer 18

the jduge avoids following the precedent.
if the judge finds facts of the case that are different enough from the precedent case then they are not bound by the previosu case

Question 19

advanatges of judicial precedent

Answer 19

certainty
consistency
time saving

Question 20

disadvanatges of judicial precedent

Answer 20

complex
slowness of growth
not democratic