Doctrine of Judicial Precedent Flashcards
What is judge-made law also known as?
Judge-made law is also known as case law or common law.
What principle is judge-made law based on?
It is based on the doctrine of judicial precedent, meaning past decisions create law for future cases.
What is the Latin maxim behind judicial precedent?
The maxim is ‘stare decisis et non quieta movere’, meaning ‘stand by what has been decided and do not unsettle the established’.
Why is the principle of stare decisis important?
It promotes certainty and fairness in the law.
When is a judgment delivered in a case?
A judgment is delivered at the end of a case, where the judge explains their decision.
Why does a judgment from a senior court have higher status?
Because higher courts such as the Supreme Court set binding precedents for lower courts to follow.
Why is a rigid court hierarchy important for judicial precedent?
It ensures judges know which decisions they must follow and which ones they can overrule.
Where are judgments officially recorded?
Judgments are recorded in Law Reports, such as the All England Law Reports.
What is the most important part of a judgment?
The ratio decidendi, which means ‘the reason for deciding’.
What is the ratio decidendi used for?
It is the binding part of the judgment, meaning it must be followed in future cases with similar facts.
In which case was the ratio decidendi about a manufacturer owing a duty of care to the consumer established?
In Donoghue v Stevenson.
Why can the ratio decidendi be difficult to identify?
Because judgments do not have headings, and appeal courts often have more than one judge, leading to multiple judgments.
What is ‘obiter dicta’ in a judgment?
Obiter dicta means ‘other things said’ — comments that are not essential to the decision but may influence future cases.
Is obiter dicta binding on future cases?
No, obiter dicta is not binding, but it is persuasive precedent.
Why is obiter dicta important in judicial precedent?
Because it can help develop the law — if followed in a future case, it can become the ratio decidendi.
Give an example of an obiter dicta statement that influenced later cases.
In Donoghue v Stevenson, Lord Atkin’s Neighbour Principle was an obiter dicta statement, but it shaped the law on duty of care.
When an obiter dicta statement is followed in a later case, what does it become?
It becomes the ratio decidendi of the later case, making it a binding precedent.
What is the role of law reporting in judicial precedent?
Law reports ensure judgments are recorded and published, so they can be referred to in future cases.
What type of precedent must be followed by lower courts?
Binding precedent must be followed.
What type of precedent can a judge choose to follow but is not required to?
Persuasive precedent.
Why do appeal courts sometimes have more than one ratio decidendi?
Because there are often several judges giving separate judgments, each with their own reasoning.
How does judicial precedent create consistency in the legal system?
By requiring courts to follow past decisions when cases involve similar facts, ensuring the law is applied fairly and predictably.
