Describe The Doctrine Of Judicial Precedent Flashcards
What is the doctrine of judicial precedent?
Past decisions of judges create law for future judges to follow.
What is judge made law also known as?
Case law or common law.
What does the Latin maxim ‘stare decisis et non quieta movere’ mean?
‘Stand by what has been decided and do not unsettle the established.’
What does judicial precedent promote?
Certainty and fairness in the law.
What do judges deliver at the end of a case?
A judgment setting out their decision.
What is the significance of a judgment delivered by a senior court?
It has higher status,for example the Supreme Court
What is an essential element of judicial precedent?
A rigid court hierarchy.
Where can judgments be found?
In Law Reports, such as the All England Law Reports.
What is the ‘ratio decidendi’?
‘The reason for deciding’ in relation to the case the judge is hearing.
Why is the ratio decidendi important?
It is binding precedent that must be followed in future cases of similar fact.
What was the ratio decidendi in Donoghue v Stevenson?
The manufacturer of a product owes a duty of care to the consumer.
What challenges exist in finding the ratio decidendi?
There are no headings in the judgment and multiple judges may deliver different judgments,as there will be more than one judge hearing the case
What is ‘obiter dicta’?
‘Other things said’ that are not needed for the decision but may influence future judges.
Are obiter dicta statements binding?
No, they are persuasive precedent.
How can obiter dicta influence future cases?
If followed, it becomes the ratio decidendi of that case and therefore a binding precedent.
What was Lord Atkin’s Neighbour Principle in Donoghue v Stevenson?
It was obiter dicta that first defined the law on duty of care.
