Judical precedent

Question 1

Judicial precedent

Answer 1

Source of law where decisions create law for future judges to follow.

Question 2

Stare decisis

Answer 2

Decisions can be looked at by other judges in later cases.

Question 3

Ratio decidendi

Answer 3

Judges reason for deciding the court case.

Question 4

Obiter Dicta

Answer 4

Anything which isn’t ratio decidendi.

Question 5

Original precedent

Answer 5

A new law created and followed.

Question 6

Persuasive precedent

Answer 6

Court decisions that are advisory only.

Question 7

Overruling

Answer 7

Power of court to decide that a previous decision was wrongly made and not followed.

Question 8

Reversing

Answer 8

When a court higher up in the hierarchy on appeal overturns a lower court decision in same case.

Question 9

Distinguishing

Answer 9

When the facts of the case are deemed sufficiently different so the previous case is no longer binding.

Question 10

Whats the order of the courts?

Answer 10

Supreme
Court of appeal
High court
County and crown court
Tribunals and Magistrates

Question 11

What did sir Rupert Cross say about ratio decidendi ?

Answer 11

‘Any rule expressly or impliedly treated by the judge as a neccesary step to reaching his conclusion’

Question 12

Howe

Answer 12

Obiter dicta Hl duress no defence to murder.

Question 13

Gotts

Answer 13

Hl followed Howe and in ratio decidendi ruled duress can not be a defence for attempted murder.

Question 14

Examples of original precedent

Answer 14

Donoghue
Hunter
Fearn

Question 15

Binding precedent

Answer 15

Legal principle must be followed.

Question 16

When is a precedent binding?

Answer 16

If its from higher courts.

Question 17

Example of binding precedent

Answer 17

Scruttons

Question 18

Persuasive precedent

Answer 18

Obiter dicta statements
Discussion of hypothetical situation
Decisions by privy council
Dissenting judgement
Decisions from other countries

Question 19

Obiter dicta statements case

Answer 19

Howe

Question 20

Discussion of hypothetical situation case

Answer 20

Baxter

Question 21

Decisions by privy council case

Answer 21

mound

Question 22

Dissenting judgement case

Answer 22

Brown

Question 23

Decisions from other countries

Answer 23

Lister

Question 24

London street tramways

Answer 24

HL decided bound unless error in the law.

Question 25

British railways

Answer 25

Lord chancellor and HL announced change allowed to depart if it felt right to do so.

Question 26

Example of HL choice case

Answer 26

Adie

Question 27

EU Law

Answer 27

Less significant following Brexit

Question 28

ECHR

Answer 28

Must take account of decisions but are not bound to them.

Question 29

Court of appeal must follow previous decisions except

Answer 29

Conflicting decisions Decision of UKSC overrules court of appeal Decision made by mistake

Question 30

Court of appeal must follow previous decisions case

Answer 30

Young-v-Bristol Aeroplane

Question 31

Decision made by mistake case

Answer 31

Fawcett

Question 32

Whats the extra exception for criminal?

Answer 32

Where law misapplied or misunderstood

Question 33

Where law misapplied or misunderstood case

Answer 33

Taylor

Question 34

ford:

Answer 34

Follow Overrule Reverse Distinguish

Question 35

Reverse case

Answer 35

parsley

Question 36

Distinguish case

Answer 36

Merritt

Question 37

Law reports

Answer 37

Efficient system of law reporting is required. Half a million exist. Law reports now available online.

Question 38

where are law reports available online?

Answer 38

Court service website

Question 39

Advantages of Judical precedent

Answer 39

Certainty Consistency and fair Flexibility Time saving

Question 40

certainty

Answer 40

Judges follow past decisions Lawyers able too advise clients Practise statement made clear keeping certainty was essential.

Question 41

certainty case

Answer 41

Jones

Question 42

Consistency and fair

Answer 42

Just and fair cases decided similar way, Law must be consistent if credible.

Question 43

Flexibility

Answer 43

Judges can overrule previous precedent, Law keeps updated with changes in society

Question 44

Flexibility case

Answer 44

merritt

Question 45

Time saving

Answer 45

Lengthy process of changing legislation in parliament is avoided Lawyers clearly advise so saves clients money and time

Question 46

Time saving case

Answer 46

R

Question 47

Disadvantages

Answer 47

Rigid Complex Violates parliament supremacy Slow to growth

Question 48

Rigid

Answer 48

Lower courts bound by higher courts bad decisions repeated by lower courts cause injustice change in precedent is limited

Question 49

Rigid case

Answer 49

Jones

Question 50

Complex

Answer 50

Million reported cases so difficult to cross refer court judgements can be long with no clear distinctions between comments and reasons.

Question 51

Complex case

Answer 51

Rickards

Question 52

Violates parliament supremacy

Answer 52

Judges able to make precedent goes against going through parliament less democratic

Question 53

Violates parliament supremacy case

Answer 53

R

Question 54

Slow to growth

Answer 54

Only 50 cases go through supreme court a year.