10/03 - Learning to Use Cases Flashcards
Why is it important to identify the court’s analysis?
To understand the rule/principle of law for future application and interpretation
Common law evolves over time, whereas statutes remain static unless expressly changed.
What does ratio decidendi refer to?
The reasons for the decision, including identification of a legal rule and its articulation
Can only come from the majority and must be tied to the issue in FIRAC.
True or False: Ratio decidendi can be derived from dissenting judgments.
False
Ratio can only come from the majority.
What is the significance of obiter dicta?
Discussion of law not fundamental to the outcome; not binding but carries significant weight from higher courts
Example includes the public/private discussion in Jews for Jesus.
Define stare decisis.
‘To stand on what has been decided’; decisions of higher courts are binding
Only the ratio decidendi is binding; courts are not bound by their own prior decisions.
What are the conditions for non-binding precedent to not be followed?
- Earlier court was wrong in law
- Court departs from its own prior decisions
Considerations include pedigree of cases and whether earlier decision resulted in impractical law.
What was the outcome of Donoghue v Stevenson?
The manufacturer owed Ms. Donoghue a duty of care and must pay damages when that duty is breached
Established the principle of duty of care in tort law.
Fill in the blank: The ratio in Donoghue v Stevenson states that you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to _______.
injure your neighbour
‘Neighbour’ refers to those closely and directly affected by one’s actions.
What is the difference between ratio decidendi and reasoning?
Ratio is the legal rule applied to future cases, while reasoning is the court’s interpretation of an agreed-upon rule
If the rule is uncontentious, there is reasoning rather than ratio.
What must be present for a ratio to exist in a case?
A majority agreement on the outcome and the reasons for that outcome
Without a majority on the reasons, there is no ratio.
True or False: Obiter dicta can influence future cases.
True
While not binding, obiter dicta from higher courts should be given significant weight.
What is the primary role of statutes in relation to common law?
Statutes can change or override common law
Cases interpret legislation, which is open to interpretation in novel contexts.
What does it mean when a court departs from its own precedent?
It means the court has decided not to follow its previous decisions
This is done cautiously and typically involves a significant reason.
What is a key principle established in the case of Donoghue v Stevenson regarding duty of care?
A manufacturer must take reasonable care to avoid harm to any person they can foresee may be harmed by their actions
This principle has become a precedent for future cases.
What is a majority judgment?
A judgment that is agreed upon by more than half of the judges deciding the case
It can articulate the ratio decidendi.
What factors may lead a court to consider an earlier decision as wrong in law?
- The pedigree/succession of cases
- Impractical/ineffective law resulting from the earlier decision
- Evolution of the rule over time
These considerations are critical when departing from precedent.
