Case Law: Week 3

Question 1

What is the principle of stare decisis?

Answer 1

Stare decisis means “let the decision stand,” which is the principle that courts should follow precedents set by previous decisions to ensure legal consistency.

Question 2

What is Case Law?

Answer 2

Law established by judicial decisions in previous cases, where higher court rulings set binding precedents that lower courts must follow in similar cases.

Question 3

What is the role of the Court of Appeal?

Answer 3

The second-highest court, divided into Civil and Criminal Divisions, which reviews decisions from lower courts and sets binding precedents for them.

Question 4

What is the role of the High Court?

Answer 4

A court with three divisions (Queen’s Bench, Chancery, and Family), handling significant civil cases and some criminal matters, and serving as an appellate court for lower courts. Its decisions set binding precedents for lower courts but can be appealed to higher courts.

Question 5

What is Binding Precedent?

Answer 5

A precedent from a higher court that lower courts are obliged to follow in cases with similar facts or legal issues, ensuring consistency in the law.

Question 6

How does the Human Rights Act 1998 affect the doctrine of precedent?

Answer 6

It requires UK courts to interpret laws in a way that is compatible with the European Convention on Human Rights, influencing precedent to reflect human rights considerations.

Question 7

What is Assimilated EU Case Law?

Answer 7

EU case law that was retained as part of UK law after Brexit, allowing certain EU precedents to continue influencing UK cases until altered by UK courts or legislation.

Question 8

What is meant by the term distinguishing in the context of case law?

Answer 8

Distinguishing occurs when a court decides a case is factually different from a previous precedent, allowing it to avoid following the earlier decision.

Question 9

What are the key exceptions to the rule that the Court of Appeal is bound by its own decisions, according to Young v Bristol Aeroplane Co Ltd?

Answer 9

The Court of Appeal may depart from its own decisions if:

1. There are conflicting decisions in past cases.
2. A decision conflicts with a Supreme Court ruling.
3. The decision was made per incuriam (through lack of care).

Question 10

What is the significance of the Practice Statement of 1966 by the House of Lords?

Answer 10

The Practice Statement of 1966 allows the House of Lords (now the Supreme Court) to depart from its previous decisions when it appears right to do so, providing flexibility in law.

Question 11

What is the hierarchy of courts in the English Legal System?

Answer 11

The hierarchy from highest to lowest is:

1. Supreme Court
2. Court of Appeal
3. High Court
4. Crown Court
5. Magistrates’ Courts and County Courts

Question 12

What are neutral citations in legal case reporting?

Answer 12

Neutral citations in law reporting are a way to reference court cases without relying on specific law report series or publications. They’re a standardized format used by courts to identify cases uniquely, regardless of where the case is later published

Question 13

What is meant by the term overruling in the context of case law?

Answer 13

Overruling occurs when a higher court overturns the legal precedent set by a lower court in a different case, rendering the previous decision no longer valid.

Question 14

What is the per incuriam rule?

Answer 14

A decision is made per incuriam when a court overlooks a key statutory provision or binding precedent, which can justify a future court in not following that decision.

Question 15

What is the purpose of the Incorporated Council of Law Reporting?

Answer 15

Established in 1870, the Incorporated Council of Law Reporting ensures the production of accurate and authoritative law reports, which judges often prefer over other reports.
1. Law reports (LR)
2. Weekly Law Reports (WLR)
3. Industrial Case Reports (ICR)

Question 16

What is Wambaugh’s Test used for in legal reasoning?

Answer 16

Wambaugh’s Test helps determine whether a legal proposition is ratio decidendi by reversing its meaning to see if the outcome of the case would change. If not, the proposition is likely obiter.

Question 17

How can the Court of Appeal (Criminal Division) depart from precedent in a criminal case?

Answer 17

The Court of Appeal (Criminal Division) may depart from precedent if following the precedent would result in an unjust outcome, particularly when a defendant’s liberty is at stake.

Question 18

What is the function of law reports in the context of case law?

Answer 18

Law reports provide written accounts of legal decisions, which allow future courts and lawyers to reference past judgments for the purpose of precedent. They ensure consistency in the application of law.

Question 19

What is the ratio decidendi in a case?

Answer 19

The legal reasoning or principle behind a court’s decision, which forms a binding precedent that lower courts must follow in future similar cases.

Question 20

What are obiter dicta?

Answer 20

Obiter dicta are comments made by a judge that are not essential to the decision of the case. These remarks are not binding but may be persuasive in future cases.

Question 21

What is Goodhart’s Test for determining the ratio decidendi?

Answer 21

Goodhart’s Test suggests that the ratio decidendi is found by identifying the material facts of the case that led to the decision.

Question 22

What is the doctrine of precedent and how does it support the legal system?

Answer 22

The doctrine of precedent (or stare decisis) ensures that cases with similar facts are decided in the same way, promoting consistency, predictability, and fairness in the legal system.

Question 23

What does reversing a decision mean in case law?

Answer 23

Reversing occurs when a higher court overturns the decision of a lower court in the same case on appeal, changing the outcome of the original case.

Question 24

What is the significance of the Supreme Court in the hierarchy of courts?

Answer 24

The Supreme Court is the highest court in the UK, and its decisions are binding on all lower courts. It can overrule its own previous decisions using the 1966 Practice Statement.

Question 25

What is the liberty rule in the Court of Appeal’s Criminal Division?

Answer 25

The liberty rule allows the Criminal Division of the Court of Appeal to depart from precedent in cases where following it would result in unjustly depriving a person of their liberty.

Question 26

What is the purpose of Citation Systems in case law?

Answer 26

Citation systems provide a standardized way to reference judicial decisions, allowing easy identification and retrieval of case judgments based on names, year, court, and specific law report series.

Question 27

What is the Year Books in the history of case reporting?

Answer 27

The Year Books are the earliest known case reports in England, dating back to the thirteenth century, although few cases were reported at the time, and those that were tended to be significant or complex.

Question 28

How did private law reports impact legal reporting before the creation of the Council of Law Reporting?

Answer 28

Before 1865, private law reports were inconsistent and lacked standardization, which led to issues with accuracy and completeness in case law reporting.

Question 29

What is the difference between official and private law reports?

Answer 29

Official law reports, like the Law Reports produced by the Council of Law Reporting, are reviewed for accuracy by judges, while private law reports may not be reviewed by the judiciary and often focus on specialized areas.

Question 30

What are Weekly Law Reports (WLR), and how do they differ from the Law Reports?

Answer 30

Weekly Law Reports (WLR) are published faster than the official Law Reports and do not include the arguments of counsel or judicial approval before publication, making them less authoritative but useful for recent cases.

Question 31

What are some examples of specialist law reports?

Answer 31

Examples of specialist law reports include:

Criminal Appeal Reports (Cr App R)
European Human Rights Reports (EHRR)
Family Law Reports (FLR)

Question 32

How do newspapers like The Times contribute to law reporting?

Answer 32

The Times publishes highly abridged reports of legal cases, usually only referred to in court in exceptional circumstances, as they provide quick but less detailed summaries of judgments.

Question 33

What role do legal periodicals like Solicitors’ Journal and New Law Journal play in case law reporting?

Answer 33

These legal periodicals report cases more quickly than formal law reports but usually provide less detail. They are useful for current developments but are not used as authoritative sources in court.