Judicial Precedent Flashcards
What latin maxim is JP based on?
It is based on Stare Decisis, which means to stand by what was previously decided. This rule has maintained uniformity within the law, and has helped to meet one of the basic requirements of justice.
What is passed at the end of every case?
A Judgment
These are passed at the end of every case, it contains the decision and also the reason behind that decision.
What are the four elements of a Judgment?
- Statement of Material facts
- Ratio Decidendi
- Obiter Dicta
- Decision/Verdict
What are the three types of precedent?
- Binding
- Original
- Persuasive
B.O.P.
What is binding precedent?
Binding Precedent is precedent which a judge must follow from a previous decision, even if they do not agree with the legal principle.
Binding precedent is created where the facts and outcome of two cases are similar, and also if the decision was made by a court senior to the previous one.
What is Original Precedent?
Original Precedent is that if a certain point of law in a case has not yet been decided on, it is the judges responsibility to make a decision and create precedent, this creating original precedent, such as in the case Re A (Conjoined Twins) (2000)
What is Persuasive precedent?
Persuasive precedent is where a judge may be influenced to follow, or decide to follow a legal principle that they believe to be correct, therefore he/she was persuaded.
Explain Precedent with relation to the Hierarchy of the Courts.
Courts within England & Wales operate a very rigid doctrine of judicial precedent, which has the effect that:
- Decisions made by Courts above those in the Hierarchy are bound by that decision
- Appellate courts are bound by their own decisions
Precedent in Relation to CJEU.
Decisions of the Court of Justice of the European Union on the interpretation of Treaties are binding on all English courts.
Precedent in Relation to Supreme Court.
SC is the highest appeal court within England & Wales. Traditionally it was bound by its own decisions, this was set in London Tramways Co v London County Council (1898). The decision of the Supreme Court was believed to be correct and in the public interest.
Until 1966 where Lord Gardiner issued the Practice Statement to meet with changing social conditions. This allowed the court to depart from law where it was ‘right to do so’.
What does JP refer to?
JP refers to the source of law, that the decision of previous judges, creates law for future judges to follow.
