Describe The Different Types Of precedent Flashcards
What is a binding precedent?
A binding precedent in the judgment is the ‘ratio decidendi’, meaning ‘the reason for deciding’. It must be followed in future cases of similar fact by all courts below and sometimes by a court at the same level.
What was the ratio decidendi in Donoghue v Stevenson?
The ratio decidendi was that the manufacturer of a product owes a duty of care to the consumer.
What is a persuasive precedent?
A persuasive precedent is not binding, but may be followed in future cases as the judge may be persuaded to follow it.
What is ‘obiter dicta’?
‘Obiter dicta’ means ‘other things said’. It is hypothetical discussion of the law that is not needed for the decision, but may influence future judges.
Example: In R v Howe, it was held that duress is no defence to murder, but also expressed that duress would not be a defence to attempted murder.
What is a dissenting judgment?
A dissenting judgment is given by a judge who disagrees with the majority of judges in a case that has been decided by a majority.
Example: In Candler v Crane, Christmas and Co, Lord Denning gave a dissenting judgement that was followed in Hedley Byrne v Heller.
What are decisions of lower courts?
Decisions of lower courts can serve as persuasive precedents, as seen in R v R where the House of Lords followed the Court of Appeal’s reasoning.
What is an example of a decision from The Privy Council?
An example is The Wagon Mound.
What is the significance of Bazely v Curry?
Bazely v Curry is a Supreme Court of Canada decision that held a non-profit organization may be held vicariously liable in tort law for sexual misconduct by one of its employees.
Which countries use common law similar to the UK?
Commonwealth countries such as Canada, Australia, and New Zealand.
What is original precedent?
Original precedent is a new precedent made when the point of law in a case has never been decided before.
What was the ruling in Airedale NHS Trust v Bland?
The House of Lords made an original precedent legalising ‘passive euthanasia’ by deciding that medical treatment could be withdrawn from Anthony Bland, who was in a persistent vegetative state.
What is the role of the European Court of Human Rights in legal decisions?
Decisions of the European Court of Human Rights are significant in shaping legal precedents.
What case considered the ruling of Bazely v Curry?
The case of Lister v Hesley Hall considered the ruling of Bazely v Curry.
