civil case law and precedent

Question 1

What is the relevance of Stare Decisis

Answer 1

Stare Decisis confirms that previous court decisions can and should be relied on, ensuring consistency in the legal system.

Question 2

What is the rule regarding the Supreme Court’s decisions and lower courts?

Answer 2

Lower courts must acknowledge and follow the decisions of higher courts, as the Supreme Court is the highest court in the land

Question 3

What is the concept of ratio decidendi in legal terms?

Answer 3

Ratio decidendi refers to the central reasoning of a case, which is binding on all inferior tribunals unless Parliament changes the law by passing a new statute.

Question 4

How does the Supreme Court approach departing from previous decisions?

Answer 4

the Supreme Court uses its power to depart from previous decisions SPARINGLY

Question 5

When might the Supreme Court decide to depart from precedent?

Answer 5

The Supreme Court may depart from previous decisions where they cause injustice, impede the development of the law, or create uncertainty.

Question 6

What is the significance of the 1966 Practice Statement for the Supreme Court?

Answer 6

The 1966 Practice Statement allows the Supreme Court to depart from its previous decisions when necessary, giving it discretion to not always follow precedent.

Question 7

Are decisions of the Judicial Committee of the Privy Council binding?

Answer 7

No, decisions of the Judicial Committee of the Privy Council are persuasive rather than binding - courts not obliged to follow!

Question 8

What is the general rule regarding the Court of Appeal and its previous decisions?

Answer 8

The Court of Appeal is generally bound by its own previous decisions.

Question 9

what are the exceptions to the COA being bound by its previous decisions?

Answer 9

The Court of Appeal could depart from its previous stance where its own
previous decision:
* conflicts with another one from it; or
* has been implicitly overruled by the Supreme Court; or
* was made per incuriam, i.e. through carelessness

Question 10

How can the Court of Appeal depart from its own decision if a conflict exists?

Answer 10

The Court of Appeal may choose which decision to follow if there is a conflict between two of its previous rulings.

Question 11

how can the COA depart from its own decision when it has been implicitly overruled by the Supreme Court?

Answer 11

If the Supreme Court implicitly overrules a decision made by the Court of Appeal, COA may feel it is no longer bound to follow its earlier ruling = happens when a case goes directly to the Supreme Court through the leapfrog procedure

Question 12

What does “per incuriam” mean in the context of a Court of Appeal decision?

Answer 12

“Per incuriam” means that the decision was made through carelessness, such as when a relevant legal principle or statute was overlooked.

Question 13

Is the High Court bound by its own decisions in its appeal function?

Answer 13

Yes, in its appeal function, such as in the Administrative Court, the High Court is bound by its own decisions, subject to exceptions similar to those in the Court of Appeal.

Question 14

Are High Court decisions made by individual judges in first instance binding on other High Court judges?

Answer 14

No, decisions of high Court judges in first instance cases are not binding elsewhere in the High Court

Question 15

Are High Court decisions binding on lower courts?

Answer 15

Yes, High Court decisions are binding on lower courts, such as the County Court.

Question 16

Do the County Court and Family Court bind each other or set precedents for other courts?

Answer 16

No, the County Court and Family Court do not bind each other and do not set precedents in the traditional sense for other courts. Their decisions can only be persuasive.

Question 17

What are the four requirements for a decision to become precedent?

Answer 17

1. There is a clear proposition of law.
2. The proposition is part of the ratio decidendi of the case.
3. The decision is made by a court whose decisions are binding on the current court.
4. There are no relevant distinctions between the two cases, meaning the facts are sufficiently similar to apply the precedent.

Question 18

What is a wide ratio in legal precedent?

Answer 18

wide ratio is a broad legal principle established in a case that applies to many different situations or cases.

Question 19

What is a narrow ratio in legal precedent?

Answer 19

A narrow ratio is a more specific principle or reasoning in a case that applies only to the unique facts of that particular cases.

Question 20

Are obiter dicta binding precedent?

Answer 20

No, obiter dicta are not binding precedent. However, they can be influential in future cases if they are significant for understanding legal principles.

Question 20

What is an obiter dictum

Answer 20

An obiter dictum is a statement or comment made by a judge that is not necessary for the outcome of the case. It is not part of the ratio decidendi (binding legal principle) but may have significance for future cases.

Question 21

What is one method judges use to avoid following a precedent?

Answer 21

Judges can treat a statement as obiter dictum if it is not necessary for the case’s conclusion, thus avoiding the need to follow it as a binding precedent.

Question 22

What does it mean to “distinguish” a case from a precedent?

Answer 22

To “distinguish” a case means that a judge finds factual differences between the current case and a previous ruling, allowing them to avoid applying the precedent because the facts are not sufficiently similar.

Question 23

What is meant by ‘affirming’ in the context of appeals?

Answer 23

Affirming is when a higher court agrees with the decision of a lower court in an appeal.

Question 24

What does ‘applying’ mean in legal terms during an appeal?

Answer 24

This happens when a court indicates it is adopting statements or reasoning from other decisions.

Question 25

What is meant by ‘departing’ from a previous decision?

Answer 25

This happens where a court of one level disagrees with a previous decision, in another matter, by an equal court.

Question 26

What does it mean for a court to ‘overrule’ a previous decision?

Answer 26

a higher court comments on a previous unrelated decision by a lower court and declares it to be wrong

Question 27

What does ‘reversing’ a judgment mean in the context of an appeal?

Answer 27

a higher court disagrees with the earlier decision, in the same proceedings, of a lower court - this occurs when an appeal succeeds.

Question 28

what if like cases have like outcomes in courts of first instance?

Answer 28

The High Court does not bind itself in its capacity as a court of first instance, but the judges take a lot of care to give like cases a like outcome. If it is in the interests of legal certainty that the two cases have the same outcome.