Case Section Mihiata Flashcards
What is ratio decidendi?
The reasoning for the court’s decision on a case as well as the law that emerges from that decision and reasoning
What is obiter dicta?
Things said by a judge in a case that are not always based on the exact fact pattern or decision but may suggest what would happen in a different circumstance
What are the benefits of stare decisis?
Ensures that the common law is consistent and that there is predictability in the law. Common law not democratic in the same way as statute law but precedent gives it some reliability
What is the Doctrine of Precedent?
“Like cases ought ought to be decided alike”. Lower courts must follow the precedent made by higher courts
What are the values promoted by the doctrine of precedent?
It is just and fair to decide similar cases in a similar way. It’s efficient. Makes the law predictable and stable.
What is vertical stare decisis?
The decision of a higher court must be followed by a lower court.
What is horizontal stare decisis?
Decisions made in high court and district courts are persuasive on further decisions made in those same courts. In the Supreme Court and the Court of Appeal “cautious approach” is taken and only in rare cases will they depart from earlier decisions
What justifies departure from earlier decision in the Supreme Court and Court of Appeal?
per incuriam: a previous court judgement has failed to pay attention to relevant statutory provision or precedents.
What is the role of overseas precedent?
Its never binding but can be helpful and persuasive.
What are the facts of Bridges v Hawkesworth?
The plaintiff found banknotes on the floor of the defendant’s shop and left the notes with the defendant to return to the proper owner. The notes were still unclaimed after three years. The plaintiff then asked that the notes be returned to them (because they found them), a request which the defendant refused.
What was the decision of Bridges v Hawkesworth?
The customer has the better claim at law to the banknotes.
What is the ratio of Bridges v Hawkesworth?
The finder of a lost article has a right to it above all others except for the article’s true owner (finders keepers, except against the original owner)
What cases did Bridges v Hawkesworth use?
Armory v Delomirie: establishes this general principle because the cases were sufficiently ‘like’.
What are the facts of Parker v British Airways Board?
The plaintiff found a gold bracelet in the British Airways lounge and handed it to a lounge employee, requesting to be contacted if its owner was not found. The defendant nonetheless sold the bracelet for £850 and kept the proceeds.
What is the decision of Parker v British Airways Board?
This is a clear case of ‘finders keepers’.
