judicial precedent

Question 1

What is judicial precedent?

Answer 1

it means what has happened before and is the basis for case law

Question 2

What is the principle of judicial precedent and what does it mean?

Answer 2

stare decisis:
to stand by what has been decided

Question 3

What is ratio decidendi?

Answer 3

reason for deciding
The judge listens to the arguments and decides an outcome, this reason is written down and documented.

Question 4

Does ratio decidendi have to be followed?

Answer 4

ratio decidendi must be followed in future cases of similar facts in the same court and all courts below it

Question 5

What are the 4 cases linked to ratio decidendi?

Answer 5

R v Howe & Bannister
R v Brown
R v Nedrick
R v Cunningham

Question 6

R v Howe & Bannister

Answer 6

RD: guilty of murder because the defence of duress was not available for murder

Question 7

R v Brown

Answer 7

RD: defence of consent is not available to injuries above assault/battery

Question 8

R v Nedrick

Answer 8

RD: if a jury considers the D foresaw the death or serious injury as a virtual certainty, oblique intention may be inferred