Case Law

Question 1

What are the 2 things that the doctorine of precedent rely on?

Answer 1

• system of law reporting

- the hierarchy of courts

Question 2

Supreme Court precedent

Answer 2

• binds all lower courts

- not bound by precious decisions sine 1966 practise statement

Question 3

Court of appeal precedent

Answer 3

• bound by Supreme Court
• binds all lower courts
• civil division bound by previous decision
• criminal is not bound

Question 4

Hight court precedent

Answer 4

• bound by all appeal courts above
• binds all inferior courts below
• high court judges don’t follow each other’s decisions

Question 5

Crown court precedent

Answer 5

-bound by appeal courts above
-binds all inferior courts above (especially magistrates)
Bound by previous decision

Question 6

Inferior courts precedent

Answer 6

• Bound by all above courts

- doesn’t bind any court including themselves

Question 7

What is the structure of a judgment?

Answer 7

• statement of relevant facts
• review of relevant laws
• summary of councils argument
• racio decidendi
• obiter dicta
• the decision

Question 8

What’s a binding precedent?

Answer 8

• must be followed
• the decision doesn’t have to be followed but the ratio decidendi does
• the ratio decidendi is binding depending on the court it was decided in

Question 9

What’s a persuasive precedent?

Answer 9

• doesn’t have to be followed

- can be made by judgements made by lower courts or obiter dicta statements

Question 10

Advantage of precedents?

Answer 10

-once a precedent has been made it lays down a rule of law which will be applied in similar fact situations

Question 11

Disadvantage of precedents?

Answer 11

• once a precedent has been established its difficult to change it
• can become out dated

Question 12

What is stare decisis?

Answer 12

• rule that states that each law that lays down a rule(s) which may or may not be followed in later cases involving the same point of law regardless the facts
• the standing of decisions