Case Law

Question 1

Definition of caselaw?

Answer 1

Body of legal reasoning formed of judgments

Question 2

What does Airedale NHS trust c Bland 1993 relate to?

Answer 2

Case where feeding tube was taken away from brain dead patient

Question 3

What does v stand for in case law?

Answer 3

Versus - referred to as and

Question 4

Who is the appellant and respondent?

Answer 4

Appellant is the party appealing decision

Respondent is the party defending the decision made

Question 5

What does ‘RE’ relate to?

Answer 5

Wills case where a party has died

Question 6

Case which evidences multi listings in Supreme Court and court of appeals…

Answer 6

Miller v Miller and McFarlane c Mc Farlane 2006

Question 7

What does the R stand for in criminal cases

Answer 7

Regina (meaning queen / king) I.e the state

Question 8

What is a case citation?

Answer 8

Year which case was brought into force to differ between cases of the same name

Question 9

What is the system of caselaw also referred to?

Answer 9

Doctrine of Judicial Precedent

Question 10

What is ‘a particular set of facts will provoke a similar legal outcome’ referring to?

Answer 10

Doctrine of Stare Decisis (precedent)

Question 11

What is leapfrog?

Answer 11

Where high court and divisional high court jump the appeal process straight to Supreme Court

Question 12

Which courts hold initial case decisions?

Answer 12

Magistrates
High court
Crown court

Question 13

Which courts deal with criminal cases?

Answer 13

Magistrates

Crown court

Question 14

Which courts deal with civil cases?

Answer 14

County court

Family court

Question 15

Which case law evidences that if a court has 2 conflicting decisions then it may choose between the preferred / favourable case?

Answer 15

Young v Bristol Aeroplane 1944

Question 16

When may a case be heard for appeal?

Answer 16

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

Question 17

Which courts are bound by decision of criminal court of appeal?

Answer 17

Family court
Crown court
High court
Magistrates court
County court 
division of high court

Question 18

When was the House of Lords no longer considered to be the highest court of power?

Answer 18

In October 2009- then Supreme Court was introduced

Question 19

Under House of Lords which cases were given grounds for appeal?

Answer 19

Cases of general public importance

Question 20

What is ‘practice statement (judicial decisions as Authority House of Lords 1966)’

Answer 20

Where the House of Lords can rely on previous decisions when ‘right to do so’

Question 21

What are practice statements?

Answer 21

Useful guides to approach previous cases

Question 22

Which example evidences when courts choose not to follow previous outlined caselaw? And why

Answer 22

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

Question 23

What is the role of the Supreme Court?

Answer 23

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

Question 24

Under which act are the courts of justice of the EU bound to follow

Answer 24

European community act 1972

Question 25

Who are the judicial committee?

Answer 25

Privy council

Question 26

What is the role of the judicial committee

Answer 26

Hear appeals from UK and overseas UK territories Heard appeals on UK professional bodies

Question 27

Which case is related to Judicial committee? What is it?

Answer 27

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

Question 28

Magistrates court bound by...

Answer 28

``` 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

Question 29

County court bound by...

Answer 29

``` 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

Question 30

Crown court bound by ...

Answer 30

``` 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

Question 31

High court is bound by...

Answer 31

``` 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

Question 32

Divisional court of the high court is bound by ...

Answer 32

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

Question 33

family court bound by ...

Answer 33

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

Question 34

Court of appeal bound by ...

Answer 34

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

Question 35

Surpreme court bound by ...

Answer 35

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

Question 36

What is ratio Decendi

Answer 36

Reason for decision- Definition; the proposition of law which decides the case in the light of context of material facts

Question 37

What does ratio decidendi do?

Answer 37

Has a binding element of the decisions - holds facts of the case

Question 38

What case defines negligence?

Answer 38

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

Question 39

What is Obita Dicta?

Answer 39

Words said by the way; It’s a judgment containing judges opinions on the law should the facts of the case be different

Question 40

What is distinguishing case law

Answer 40

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

Question 41

What is overruling?

Answer 41

Court decide previous decision of a case is no longer ‘good law’ Case example ‘candler v Cane Christmas and co

Question 42

What is the difference between reversing and upholding

Answer 42

Reversing : lower court decision is disagreed with Upholding: lower court decision is agreed with by higher court

Question 43

How does Guadiana V godin Mendoza 2004 coincide with Rent act 1977

Answer 43

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