The Legal System

Question 1

what is judicial precedent

Answer 1

the legal principle that decisions of higher courts are binding on lower courts

Question 2

what does stare decisis mean

Answer 2

let the decision stand

point of law established in previous cases should stand
lower court will follow the decision

Question 3

what does stare decisis promote

Answer 3

fairness and cerntainty

Question 4

what does ratio decidendi mean

Answer 4

reasons for the decision

the explanantion for a decsion is known as ratio
helps judges see how a decision was made

Question 5

what is meant by obiter dicta

Answer 5

other things said

its the reasoning and discussion not part of the ratio
often hypothetical discussions
NOT BINDING PRECEDENT

Question 6

supreme courts are not bound by their previous decisions but when must they take other courts decisions into account?

Answer 6

IN HUMAN RIGHTS CASES

section 2 of human rights act 1998
must take into account decisions of the European court of human rights

Question 7

hierarchy of criminal courts

Answer 7

supreme court
court of appeal
crown court
magistrates court

Question 8

hierarchy of civil courts

Answer 8

supreme court
court of appeal
higher courts of justice–family chancery and queens bench
county courts

Question 9

what are the 3 types of legal personnel

Answer 9

barristers
solicitor
legal executive

Question 10

what is a colletive of barristers known as

Answer 10

the bar

Question 11

what is the name of the professional body that controlls the bar

Answer 11

the general council of the bar

Question 12

name the four inns of courts

Answer 12

lincolns inn
grays inn
inner temple
middle temple

Question 13

when barristers are self employed working for the bar they usually sit in….. of…..

Answer 13

chambers of 15-20 barristers

Question 14

what is majority of barristers main role

Answer 14

advocacy

Question 15

what is meant by full rights of audience

Answer 15

can present cases in any court in england and wales

Question 16

which specialist barristers rarely appear in court

Answer 16

tax and company law

Question 17

when was practice statement brought in

Answer 17

1966

Question 18

what case was first use of practice statement and outline it?

Answer 18

Herrington v British railway boards 1972
-A six year old boy was electrocuted and suffered severe burns when he wondered from a play park onto a live railway line.
- part of the fence had been pushed down and the gap created had been used frequently as a short cut to the park.
-The defendant was aware of the gap in the fence which had been present for several months
- Under existing authority of Addie v Dumbreck no duty of care was owed to trespassers.
-However, the House of Lords departed from their previous decision using the 1966 Practice Statement and held that the defendant railway company did owe a duty of common humanity to trespassers.
-

Question 19

what are law reports?
who writes them, why they needed and whats in them?

Answer 19

-accurate records of precedents
-written by specialist lawyers
-ratio decedi and obidicter included
-used to find and apply precedents

Question 20

what is binding precedent and 3 rules?

Answer 20

precedent from earlier case must be followed

rules
1. even if judge doesn’t agree
2.facts of case one must be similar to case 2 (significantly)
3. court of case1 must be higher than case 2

Question 21

what is original precedent and what’s the rule

Answer 21

If a point of law has never been considered before, then whatever the judge decides will form Original Precedent (new case law) for other judges below them in the hierarchy to follow.

RULE: There is no past case law on which they can base their decision, so the J is creating case law for future judges to follow

Question 22

persuasive precedent

Answer 22

previous law which is not binding
-can be considered and used but not necessary

Question 23

list 3 advantages of judicial precedent

Answer 23

certainty
consistency
detail and precision
flexibility
time saving and practical
restricts arbitrary power

Question 24

list 3 disadvantages of judicial precedent

Answer 24

rigidity
bulk and complexity
illogical distinctions /over subtlely
slow growth

Question 25

list the 5 main areas of civil law

Answer 25

1/contract
2/tort
3/family
4/employment
5/company

Question 26

what are main areas of jurisdiction of county courts

Answer 26

all contract and tort claims
all cases for recovery of land
disputes over equitable matters such as trust up to value of £100,000

Question 27

what judges sit in county court

Answer 27

circuit judge
recorder
district judges

Question 28

what are the three divisions of high court

Answer 28

Queen bench division
the chancery division
family division

Question 29

what cases do queen bench division deal with

Answer 29

contract
tort
where claim is over £100,000
judicial review actions

Question 30

how many people sit in queens bench division jury

Answer 30

12 members

Question 31

list areas chancery divison deals with

Answer 31

specialist civil cases- company law,patents and contentious probate
professional negligence cases
competition law cases

Question 32

name the two pre trial procedures

Answer 32

Alternative Dispute Resolution (ADR)
Mediation

Question 33

what area of law is ADR required

Answer 33

divorce

Question 34

what cases do family division hears

Answer 34

family related cases
cases involving children under the Children Act 1989
wardship cases involving the custody and day to day care of minors