Doctrine Of Precedent Flashcards
(8 cards)
What is the English legal system built on
The English legal system is built on stare decisis meaning stand by what has been decided
Who sets out the legal principles
Legal principles are made by judges in the higher courts and set precedent to be followed by those below in the hierarchy
What is stare decisis
Stand by what has been decided.
A court hearing a case with similar facts should follow the decision that has been set out by past court
What is the case of donoghue v Stevenson
Set out preceding that manufactures owed those who use their products as a duty of of care for modern law on negligence
Thus evolved into the foundation of tort law and all future cases follow the direction set here
What is ratio decidendi
These are the reasons for reaching the decision smf they are binding on future cases and they must be follloedd by lower cases
What is the case of R V Dudley V Stephen’s
Defendants were guilty because taking another persons life out of extreme hunger does not justify murder
What is obiter dicta
These are things said “by the way” which form persuasive precedent which means they do not need to be followed
What happened In RV Howe and R v gotta
In r v Howe the court discussed the potential of using duress as a defence to attempted murder but refused the idea
This was an obiter statement bevsyxe the could was dealing with Murder not attempted murder, this was later followed in r v gotts
