Doctrine of precedent

Question 1

Legal Principles

Answer 1

• The system of precedent applies to the legal principles or legal reasoning found in a case.
• Decisions on the facts of a case do not bind courts.

Question 2

Ratio decidendi

Answer 2

• The ratio of a case – the legal reasoning or legal principle or rule – forms the binding precedent.

Question 3

Obiter dictum

Answer 3

• translated as ‘things said in passing’
• may not be easy to identify, may be significant

Question 4

The operation of precedent

Answer 4

Binding precedent
- the court must follow the precedent established in previous case law
Distinguish
- the court finds that the case before it is not factually the same as the precedent and considers itself not bound by precedent
Not follow
- where there is conflicting case law, and the court decides not to follow a case or
Cases
Reverse
- a decision of a lower court is changed by an appeal court
Overrule
- a higher court changes an established precedent

Question 5

How does the Uk Supreme Court select whoch cases to hear

Answer 5

• involve an arguable point of law so there has to be a debate about what the law is
• has to matter to most parties not just the ones in the case
• it has to be a suitable case in which to grant permission

Question 6

The Privy Council

Answer 6

Generally, has the power to reverse decisions of the lower courts in the country from which the case was referred.

Question 7

Court of Appeal

Answer 7

• The Court of Appeal is bound by decisions of the Supreme Court, but its decisions are second in precedence in the English Legal System.
• The Court of Appeal may depart from its own case law where:
  –> There are two conflicting cases
  –> A decision conflicts with a Supreme Court or House of Lords decision
  –> The decision was made per incuriam

Question 8

High Court of Justice

Answer 8

The High Court is bound by the decisions of the higher courts, and its decisions bind lower courts
- If sitting in its supervisory jurisdiction, it may depart as per young
- If sitting as the court of first instance then its previous decisions are persuasive but not binding

Question 9

Assimilated EU Law

Answer 9

A considerable body of EU law and EU case law was incorporated into UK law post Brexit.