Judicial Precedent

Question 1

What does stare decisis mean

Answer 1

‘Stand by what has been decided’

Question 2

What two things does the system of stare decisis rely on

Answer 2

1. Hierarchy of the courts
2. Law reporting

Question 3

What is the highest court

Answer 3

The supreme court (formerly the House of Lords)

Question 4

The supreme court:

Answer 4

This is the most senior domestic court in the UK and its decisions bind all the courts below it
Before the Practice Statement 1966 it was bound by its own decisions, but now it does not have to follow its own decisions, although it usually does

Question 5

What is the 2nd highest court

Answer 5

The court of appeal

Question 6

The court of appeal:

Answer 6

The decisions of the CoA forms binding precedent for all lower courts.
However, the Court of Appeal is bound by the precedents from the SC
It is generally bound to follow its own decisions apart from a number of limited exceptions found in Young V Bristol Aeoroplane

Question 7

What is the 3rd highest court

Answer 7

The high court

Question 8

The high court:

Answer 8

The appellate courts within this court are bound by the SC and the CoA, it is bound by its own decisions, the divisions bind those below. The HC as a court of first instance is bound by all courts above and binds all lower courts.

Question 9

What is the fourth court

Answer 9

The inferior courts

Question 10

The inferior courts

Answer 10

The magistrates and county courts are bound by all higher courts. These courts are not bound by their own decisions nor do they bind other courts as they only create persuasive precedent

Question 11

Law reporting:

Answer 11

The system of judicial precedent not only depends upon the hierarchy of the courts but also the process of law reporting so that the judges are able to be aware of previous decisions. Each year, law reports are compiled and are made available to the courts.
For example: all england law reports, weekly law reports and legal databases

Question 12

What are the 3 types of precedent

Answer 12

1. Binding precedent
2. Original precedent
3. Persuasive precedent

Question 13

What is binding precedent

Answer 13

It is a judges decision which must be followed. Some courts are bound by their own decisions so create a binding precedent for themselves and some courts are bound based on their position in the hierarchy

Question 14

What will lawyers do if a case involves a point of law

Answer 14

When a case involves a point a law, lawyers from both parties will research previous cases to ensure the judges follow precedent

Question 14

Ratio decidendi:

Answer 14

Aka reason for the decision
This is part of the judgement which is binding on all the lower courts. To be bound, the case facts will have to be similar. Sometimes the obiter dicta of one case can develop into the ratio decidendi of another case

Question 15

Donoghue v Stevenson

Answer 15

Facts: claimant found a snail in their ginger beer
Held: the HoLs stated that a manufacturer owed a duty of care to the customer

Question 16

Daniels v white

Answer 16

Facts: corrosive substance in a bottle of lemonade
Held: the court followed the ratio decidendi from Donoghue v Stevenson