JUDICIAL PRECEDENT

Question 1

INTRODUCTION

Answer 1

Higher courts bind lower courts based on the doctrine of ‘STARE DECISIS’ - let the decision stand.
Court hierarchy

Question 2

RATIO DECIDENDI

Answer 2

‘The reason for the decision’

Question 3

OBITER DICTA

Answer 3

‘Things said by the way’ - discussion of legal principles that may not have been relevant to the case in hand

Question 4

YOUNG V BRISTOL AEROPLANE CO

Answer 4

• Applies to Civil division of the Court of Appeal
  Allows overruling of their own decisions in specific situations:
• If later Supreme Court decision, that must be followed instead
• If two conflict, they can choose which to follow
• If the previous was made ‘Per Incuriam’ - by mistake

Question 5

MAIN METHODS JUDGES USE TO AVOID AWKWARD PRECEDENT

Answer 5

Overruling = Higher courts can overrule lower courts
Reversing = On appeal, a higher court can return to the original decision of a lower court
Distinguishing = A court indicates material differences between cases to apply different principles

Hierarchy:
SUPREME COURT
COURT OF APPEAL
HIGH COURT
MAGISTRATES’ AND COUNTY COURTS
ECtHR

• Practice Statement 1966 allowed departing from prior precedent. Further defined by Knuller v DPP
• Court of Appeal = Young v Bristol Aeroplane Co - Per Incuriam (by mistake), previous conflicting decisions

Question 6

OVERRULING

Answer 6

Higher courts can overrule lower courts. R v R 1991

Question 7

REVERSING

Answer 7

On appeal, a higher court can return to the original decision of a lower court. Re Pinochet 1999

Question 8

DISTINGUISHING

Answer 8

A court indicates material differences between cases to apply different principles. Balfour / Merritt