Case Law Flashcards
Definition of caselaw?
Body of legal reasoning formed of judgments
What does Airedale NHS trust c Bland 1993 relate to?
Case where feeding tube was taken away from brain dead patient
What does v stand for in case law?
Versus - referred to as and
Who is the appellant and respondent?
Appellant is the party appealing decision
Respondent is the party defending the decision made
What does ‘RE’ relate to?
Wills case where a party has died
Case which evidences multi listings in Supreme Court and court of appeals…
Miller v Miller and McFarlane c Mc Farlane 2006
What does the R stand for in criminal cases
Regina (meaning queen / king) I.e the state
What is a case citation?
Year which case was brought into force to differ between cases of the same name
What is the system of caselaw also referred to?
Doctrine of Judicial Precedent
What is ‘a particular set of facts will provoke a similar legal outcome’ referring to?
Doctrine of Stare Decisis (precedent)
What is leapfrog?
Where high court and divisional high court jump the appeal process straight to Supreme Court
Which courts hold initial case decisions?
Magistrates
High court
Crown court
Which courts deal with criminal cases?
Magistrates
Crown court
Which courts deal with civil cases?
County court
Family court
Which case law evidences that if a court has 2 conflicting decisions then it may choose between the preferred / favourable case?
Young v Bristol Aeroplane 1944
When may a case be heard for appeal?
If case was decided upon by ignoring previous precedent
Inconsistent with the EU law
Inconsistent with ECHR legislation
Inconsistent with EU patents office board of appeal
Which courts are bound by decision of criminal court of appeal?
Family court Crown court High court Magistrates court County court division of high court
When was the House of Lords no longer considered to be the highest court of power?
In October 2009- then Supreme Court was introduced
Under House of Lords which cases were given grounds for appeal?
Cases of general public importance
What is ‘practice statement (judicial decisions as Authority House of Lords 1966)’
Where the House of Lords can rely on previous decisions when ‘right to do so’
What are practice statements?
Useful guides to approach previous cases
Which example evidences when courts choose not to follow previous outlined caselaw? And why
Shivpuri 1986 v Anderson RYAN 1985
House of Lords decided that the court hadnt interpreted wording in ‘CRIMINAL ATTEMPT 1981’ correctly and decided against the same decision
What is the role of the Supreme Court?
Deal with civil appeals from England and Wales Scotland and Northern Ireland
Deals with criminal appeals from England and Wales and Northern Ireland
Grants permission to raise general public importance
Under which act are the courts of justice of the EU bound to follow
European community act 1972
Who are the judicial committee?
Privy council
What is the role of the judicial committee
Hear appeals from UK and overseas UK territories
Heard appeals on UK professional bodies
Which case is related to Judicial committee? What is it?
Overseas tankship UK Ltd v Morts dock and Engineering Co 1961 - Australian case which was heard due to a fire which started as a result of an oil spill
Magistrates court bound by…
Court of justice of European Union House of Lords Supreme Court Court of appeal Divisional court of the high court
Decision not binding
No effects on earlier cases of it’s own
County court bound by…
Court of justice of European Union House of Lords Supreme Court Court of appeal Divisional court of the high court High court
Decision not binding
No effects on earlier cases of it’s own
Crown court bound by …
Court of justice of European Union House of Lords Supreme Court Court of appeal Divisional court of the high court
Decision not binding
Own decisions on previous cases may be persuasive
High court is bound by…
Court of justice of European Union House of Lords Supreme Court Court of appeal Divisional court of the high court
Decision binding to county court
Effect of decisions on own cases are strongly persuasive
Divisional court of the high court is bound by …
Court of justice of European Union
House of Lords
Supreme Court
Court of appeal
Decision binding to magistrates court, county court, crown court, high court
Usually bound by decision on earlier cases of it’s own
family court bound by …
Court of justice of European Union
House of Lords
Supreme Court
Court of appeal
Decision not binding
Internal hierarchy of appeals which make some decisions binding
Court of appeal bound by …
Court of justice of European Union
House of Lords
Supreme courts
Decision binding to magistrates court, county court, crown court, high court, divisional court of high court, family court
Civil decisions : binding subject to exceptions I.e young v Bristol aeroplane co 1944 and EU Law can follow ECHR and EI patent board of appeal
Criminal decisions: strongly persuasive
Surpreme court bound by …
Court of justice of The EU
Decisions binding on : magistrates court, county court, crown court, high court divisional court, high court, Family court, court of appeals
Decides not to follow precedent unless right to do so ‘practice statement judicial decision as authority House of Lords 1966. Also strongly persuasive
What is ratio Decendi
Reason for decision-
Definition; the proposition of law which decides the case in the light of context of material facts
What does ratio decidendi do?
Has a binding element of the decisions - holds facts of the case
What case defines negligence?
Donoghue v Stevenson 1932
man drank ginger beer with snail in it which friend bought for him- judge ruled love thy neighbour in line with Samaritan Christian bible where you must not intend to injure others
What is Obita Dicta?
Words said by the way;
It’s a judgment containing judges opinions on the law should the facts of the case be different
What is distinguishing case law
Where judges refer to a previous case in their decision but do not bind their decision to this. Later courts may then review and decide to bind their decision to this however it is a rare occurrence
What is overruling?
Court decide previous decision of a case is no longer ‘good law’
Case example ‘candler v Cane Christmas and co
What is the difference between reversing and upholding
Reversing : lower court decision is disagreed with
Upholding: lower court decision is agreed with by higher court
How does Guadiana V godin Mendoza 2004 coincide with Rent act 1977
Under rent at 1977 same sex couples were entitled to tenancy left by their partner. However this was invalid law when the civil partnership act 2004 was brought into power
