Unit 2 Flashcards
(17 cards)
Introduction to the Doctrine of Precedent
The doctrine of stare decisis (“let the decision stand”) mandates that English courts, in certain circumstances, must follow legal principles established in previous cases.
When it Applies: A proposition of law from one case is binding in a later case if:
It’s a proposition of law, not fact.
It’s part of the ratio decidendi (the binding reason for the decision).
Decided by a court whose decisions are binding on the present court (hierarchy).
There are no relevant distinctions between the two cases (material facts are the same).
Disadvantages of Certainty (and Precedent)
Perpetuating Error: If a previous decision was legally wrong, strict adherence to precedent can entrench and perpetuate that error.
Outdated Law: Law can become rigid and fail to adapt to changing societal values, attitudes, and new technologies (e.g., historical views on cohabitation).
Slowness of Reform: While Parliament can change the law through legislation, this process is often slow and reactive.
“Proposition of Law” vs. “Fact”
Only propositions of law are binding; findings of fact are not.
Ratio Decidendi
Ratio decidendi (often shortened to “ratio”) is the reason for the decision; the legal principle or rule that is essential to the judge’s conclusion based on the material facts of the case.
Only the ratio is binding on subsequent courts, not everything a judge says.
example of wider to narrower ratios:
Donoghue v Stevenson [1932] (the “snail in the ginger beer” case):
Narrow Ratio: Manufacturer owes a duty regarding snails in ginger beer bottles.
Wider Ratio: Manufacturer owes a duty regarding foreign bodies in containers.
Widest Ratio (actual outcome, forming basis of negligence): A person owes a duty to take reasonable care not to injure a “neighbour” (someone who is foreseeably affected by one’s actions).
What is the Obiter Dictum?
Obiter dictum (plural: obiter dicta) means “other things said.” It is a proposition of law stated by a judge that was not necessary for their conclusion in the case. Not legally binding but can be persuasive.
The Supreme Court (Formerly House of Lords)
Until 1966, the House of Lords was strictly bound by its own previous decisions (prioritizing certainty)
Power to Depart: The House of Lords (and now the Supreme Court) can “depart from a previous decision when it appears right to do so.” Used when a previous decision causes injustice, impedes law development, or caused uncertainty
The Court of Appeal (Civil Division)
Normally bound by its own previous decisions, subject to three specific exceptions: Where its own previous decisions conflict. Where its previous decision has been implicitly overruled by the Supreme Court (e.g., higher court ruled on a different case but established a principle that contradicts the CoA’s earlier ruling).Where its previous decision was made per incuriam (“through carelessness”) – narrowly construed; typically means given in ignorance or forgetfulness of an inconsistent statute or binding authority.
The Court of Appeal (Criminal Division)
Wider Discretion: The Criminal Division has a wider discretion to depart from its own previous decisions where the liberty of the individual is at stake
High Court, Crown Court, Inferior Courts being binding
High Court:
Divisional Court (Appellate Jurisdiction): Bound by its own previous decisions (subject to Young v Bristol Aeroplane exceptions). Its decisions are binding precedents for Magistrates’ Courts.
Individual High Court Judges (First Instance): Decisions are binding on the County Court but not on other High Court judges (though they usually try not to depart for certainty).
Crown Court:
Not bound by its own previous decisions, but is strongly persuaded by them for certainty in criminal matters. Decisions are seldom reported.
County Court, Family Court, Magistrates’ Courts:
Known as “inferior courts.”
They do not bind any other courts and are not bound by their own decisions.
Reasons: First instance decisions; single judge (County); lay magistrates (Magistrates’); numerous courts; cases not usually reported, making consistency difficult.
Court of Justice of the European Union (CJEU)
The CJEU is not bound by its own previous decisions; it does not have a formal concept of precedent (stare decisis).
Overruling:
Occurs when a higher court in a different later case declares that a principle laid down by a lower court (or its own previous decision, e.g., Supreme Court) is incorrect and should no longer be followed. The higher court sets a new “correct” precedent.
Departing
A court (specifically the Supreme Court using the 1966 Practice Statement, or the Court of Appeal using the Young v Bristol Aeroplane exceptions) decides not to follow its own previous decision.
Reversing
Occurs when a higher court in the same case on appeal alters the decision of a lower court.
Example: The Court of Appeal reverses a High Court decision.
Common Law vs. Civil Law Systems (Comparison)
Civil Law System:
Basis: Derived from Roman law, typically based on comprehensive, written codes (e.g., Code Napoleon in France).
Judiciary Role: Primarily to apply the code to specific cases, not to create law through precedent.
Legislation Drafting: Tends to state general principles, implying a purposive approach to interpretation.
Precedent: Does not have a formal concept of stare decisis. Previous decisions are usually followed in practice for consistency, but are not theoretically binding in the same way as in common law.
Common Law System (e.g., England and Wales):
Basis: Developed primarily through case law and the doctrine of stare decisis.
Legislation: An important source, but there is no single, all-encompassing code.
Judiciary Role: Develops and interprets law through case decisions, including the ability to create new law.
Persuasive Decisions
Decisions that a court is not legally bound to follow, but may consider and be “persuaded” by the reasoning.
Decisions of Non-Binding Courts, Obiter Dicta, Decisions of the Judicial Committee of the Privy Council (PC), Decisions of Foreign Courts, Statements in Legal Textbooks or Periodicals
