Judicial Precedent

Question 1

Judicial Precedent

Answer 1

-Judge made law.

Question 2

Stare Decisis

Answer 2

-let the decision stand
-a court should follow precedent established by previously decided cases with similar facts and issues to provide certainty and consistency in the law.

Question 3

Ratio Decidendi

Answer 3

-reason for deciding
-The speech given by a judge at the end of a case.
-Can be more than one ratio decidendi in complicated cases and creates precedent for other judges to follow.

Question 4

R v Howe (RD)

Answer 4

-Duress cannot be used as a defence to murder.

Question 5

R v Gotts (RD)

Answer 5

-Duress cannot be used as a defence to attempted murder.(using RD from R v Howe)

Question 6

Obiter Dicta

Answer 6

-Other things said
-remainder of the judgement which is not binding so can be considered in other cases but no requirement.

Question 7

R v Howe (OD)

Answer 7

-I do not believe it should be used as a defence to attempted murder either.

Question 8

Binding precedent

Answer 8

-Decisions that must be followed by all judges of the same level or lower.

Question 9

Persuasive precedent

Answer 9

-Not binding but judges may take account of it, also decisions made by international judges that may be taken account of but is not binding.

Question 10

Original precedent

Answer 10

-When a situation occurs for the first time, so the judge’s decision is original.