Topic 3: Judicial Precedent Flashcards
What is precedent?
A legal principle that’s been decided in a case and it should be followed in future cases.
Where do we get laws from?
Parliament
Judges
What does ‘stare decisis’ mean?
To stand by what’s been decided
What is a law report?
An accurate record of the previous decisions that took place in earlier cases
What are 3 types of precedent?
Binding
Original
Persuasive
What is binding precedent?
Precedent from an earlier case which MUST be followed even if the judge in the later case does not agree with the legal principle
What is persuasive precedent?
Precedent which is NOT BINDING on the court but the judge may CONSIDER it and decide that it is the correct principle to follow
What are the 4 parts to a Judgement?
Material facts
Legal principle
Obiter dicta
The decision
What is ‘ratio decidendi’?
The reason for the decision
What is ‘obiter dicta’?
Other things said
What is original precedent?
Where there has been no decision on this particular area of law, this meaning that there’s no precedent. Here the judge will create a new law
What are the types of persuasive precedent?
Precedents of lower courts Obiter dicta statements Dissenting judgements Judicial committee of the privvy council Other countries decisions in court The ECoHR
What did The Practice Statement 1966 involve?
The House of Lords could avoid their past precedents when it appeared right to do so
What does ‘per incurium’ mean?
Made in error
What case do we use when it’s excused for the Court of Appeal to not follow its own past decisions?
Young v Bristol Aeroplane co Ltd (1944)
