Judicial Precedent

Question 1

Hierarchy of courts in order from bottom to top

Answer 1

Magistrates, crown, high, court of appeal and Supreme Court

Question 2

What is judicial precedent

Answer 2

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

Question 3

What is stare decisis

Answer 3

To stand by what is decided/like cases decided alike

Question 4

Ratio decidendi

Answer 4

Reason for decision
Binding element of principle

Question 5

What is binding precedent

Answer 5

Previous decision followed

Question 6

Obiter dicta

Answer 6

Things said by the way
Pressure precedent

Question 7

Persuasive precedent

Answer 7

Previous decision doesn’t have to be followed

Question 8

4 elements of judgement

Answer 8

Statement of material facts
Statement of legal principle
Discussion of legal principle raised
Decision of verdict

Question 9

Privy council

Answer 9

Final appeal court
Persuasive authority
R v James and Karim

Question 10

What was decriminalised in 1967

Answer 10

Abortion, homosexuality and suicide

Question 11

Court of Appeal

Answer 11

Bound by previous decisions
Young v Bristol aeroplane

Question 12

Year of practice statement establishment

Answer 12

1966

Question 13

Advantages

Answer 13

Certainty
Flexibility
Allows law to develop

Question 14

Disadvantages

Answer 14

Rigid system
Can stop development