judicial precedent

Question 1

what word means let the decision stand

Answer 1

stare decisis

Question 2

why would stare decisis be god

Answer 2

creates fairness, uniformity and saves time

Question 3

why would stare decisis be bad

Answer 3

may overlook facts, makes the law outdated

Question 4

how are the decisions made in court recorded

Answer 4

law reports that are privately produced

Question 5

who prepares law reports

Answer 5

barristers

Question 6

what is outlined in a judgement speech

Answer 6

the decision and explanation of the outcome, the facts of the case, a review of the arguments and an explanation of the principles of law used in the decision

Question 7

who makes the judgement speech

Answer 7

the judge

Question 8

what is the ratio decidendi

Answer 8

the reason for the decision

Question 9

how does the ratio decidendi affect other cases

Answer 9

it’s binding to future cases

Question 10

what case did the ratio decidendi of donoghue v stevenson(1932) affect

Answer 10

daniels v white (1938)

Question 11

what happens in the case of daniels v white

Answer 11

a man bought lemonade whilst drinking it he felt a burning sensation in his throat as it contained a corrosive metal

Question 12

what is ment by obiter dicta and what can it create

Answer 12

other things said
can create a persuasive precedent in future cases

Question 13

how was obiter dicta used in r v howe (1987)

Answer 13

the obiter dicta stated that ‘the defence of duress should not be available to one who attempts murder’

Question 14

what is the structure of the civil court system

Answer 14

supreme court
civil court
chancy family
county court

Question 15

what is the structure of the criminal court system

Answer 15

supreme court
criminal court
high court-kings bench division
crown/magistrates court

Question 16

what was issued in 1966

Answer 16

the practice statement

Question 17

what does the practice statement allow the supreme court to do

Answer 17

it allows the supreme court to change previous decisions if they believe it’s right to do so

Question 18

after addie v dumbreck what other case changed the law

Answer 18

brb v herrington 1972- said that land owners could owe a duty of care over trespassers on their land

Question 19

post breaksit what only court should the supreme court regard

Answer 19

the CJEU

Question 20

which court is the court of appeal bound to

Answer 20

the supreme court

Question 21

what case changed the changing of law in the court of appeal

Answer 21

young v bristol aeroplane 1944

Question 22

what were the three exceptions made in young v bristol aeroplane 1944

Answer 22

-if there are two conflicting decisions
-the decision ‘cannot stand’ with a decision of the house of lords
-the decision was given ‘per incurium’

Question 23

what extra yvba is there in the criminal division and why is it there

Answer 23

they can refuse to follow its own previous decisions where the law has been misapplied
incase the statute had been interpreted wrong

Question 24

how are courts bound

Answer 24

by those above them

Question 25

what does binding president mean

Answer 25

it has to be followed

Question 26

what does persuasive precedent mean

Answer 26

it could be followed

Question 27

what does original precedent mean

Answer 27

when there’s never been a case like that they will look at others and reason by analogy

Question 28

name 4 examples of persuasive precedent

Answer 28

-following the precedent of lower courts e.g. R v R overruled R v miller
-cases used by other courts to enhance our law eg the wagon mound
- obiter dicter R v gotts followed R v howe
-dissenting opinions candler v crane

Question 29

what is judicial precedent

Answer 29

a decision made by a judge that must be followed

Question 30

what are the three ways precedents are avoided

Answer 30

overruling
distinguishing
reversing

Question 31

what’s overruling and give a case example

Answer 31

the believing that the lower court is wrong (so the decision is changed)
pepper v heart overruled david v johnson

Question 32

what’s distinguishing and give a case example

Answer 32

the judge shows the material facts in a case are different so they are not bound
r v brown and r v wilson

Question 33

what’s reversing and give a case example

Answer 33

when the SAME case goes up to a higher court and they believe the decision of the lower court is wrong
R v kingston

Question 34

what is a dissenting judgment

Answer 34

when a minority of judges have an opposing view

Question 35

what are the advantages of precedent

Answer 35

certainty
fairness
reliability
time saving
flexibility
precision

Question 36

what are the disadvantages of precedent

Answer 36

volume
slowness of growth
rigidity
complexity
illogical distinctions

Question 37

what the difference between r v r and r v miller

Answer 37

in r v miller a husband raped his wife and was not guilty as this was legal
in r v r a husband attempted to rape his wife- they were not together however as they were separating and the law then changed