Chapter 6: Doctrine of Judicial Precedent

Question 1

What is a ‘Cause of Action’?

Answer 1

a situation that the law recognises as giving rise to potential liability. Eg someone crashing their car into you gives you a Cause of Action. Effectively, a Cause of Action is a civil claim

Question 2

What does ‘stare decisis’ mean?

Answer 2

let the decision stand. Principle of precedent

Question 3

What does it mean if a case has been retrospectively overruled?

Answer 3

the law as it stands is wrong and therefore everything based on it is wrong. All those who have made contracts, leases, etc based on it will have to change them.

Question 4

What does it mean if a case is prospectively overruled?

Answer 4

the law is wrong but it would be too difficult to change it retrospectively, so everything from now on will be governed by the new law, but everything that already exists will be covered by the old law.

Question 5

What courts can apply the ‘per incuriam’ rule?

Answer 5

Any court, but it cannot ever be applied to Supreme Court/UKHL decisions

Question 6

When can the UKCA ignore its own decisions?

Answer 6

1. it can choose between 2 conflicting decisions
2. if the UKHL has implicitly or expressly overruled the decision
3. if the decision was made per incuriam

Question 7

What circumstances is the per incuriam rule limited to?

Answer 7

cases where:
1. there was ignorance of authority that would have been binding on the court
AND
2. that ignorance led to faulty reasoning. Had the court reviewed those authorities they WOULD have made a different decision

Question 8

What authority does a decision from a two judge UKCA have?

Answer 8

the same authority as a three or five judge UKCA

Question 9

What kind of appeals go to the Divisional Court of the Chancery Division of the High Court?

Answer 9

bankruptcy appeals from the county courts

Question 10

What kind of appeals go to the Divisional Court of the Family Division of the High Court?

Answer 10

appeals on guardianship matters from either the magistrates or county courts

Question 11

What kind of appeals go to the Divisional court of the Queen’s Bench in the High Court?

Answer 11

criminal appeals by way of case stated from the magistrates court.

Question 12

What kind of laws can the European Court of Justice rule on?

Answer 12

only laws generated by the European Community

Question 13

Does ‘stare decisis’ apply in the European courts?

Answer 13

No. European law relies on references to Codes of Law as opposed to relying on past cases.