Doctrine of Precedent

Question 1

What does ‘stare decisis’ mean?

Answer 1

‘Stand by what has been decided’ - the idea of binding precedent.

Question 2

What are the different types of precedent?

Answer 2

Binding and persuasive.

Question 3

What does ratio decidendi mean?

Answer 3

‘Reason for the decision’ - consists of a statement of law applied to the facts of a case.

Question 4

What does obiter dictum mean?

Answer 4

Things said ‘by the way’ - Comments by the judge which are not part of the ratio decidendi, so are not binding (but may still be persuasive)

Question 5

What are material facts?

Answer 5

Facts which have a sway in the decision of a case.

Question 6

In how many ways can a ratio be applied to later cases?

Answer 6

Following, approving, applying
Following - when the facts are similar to a previous case, the facts from the earlier should be followed.
Approving - when a higher court follows a lower court.
Applying - when a lower court follows a higher court.

Question 7

In how many ways can a ratio be dismissed in later cases?

Answer 7

Reversing, overruling, not following, disapproving
A judgement is reversed if a case goes on appeal and the higher appeal court disagrees with the lower court.
A precedent is overruled if a super court in a later case decides the original precedent is ‘wrong’.

Question 8

What is it to distinguish a later case?

Answer 8

A court may avoid following a binding precedent if it can ‘distinguish’ itself from the earlier case.

Question 9

What reports covering shipping?

Answer 9

Lloyd’s Reports

Question 10

What are the advantages behind a binding precedent system?

Answer 10

• Certainty/predictability of the law
• Practicality
• Flexibility in developing the law
• Adaptability to changing circumstances

Question 11

What are the disadvantages of a system of precedent?

Answer 11

• Rigidity
• The potential sacrifice of considerations of wider issues
• A high volume of cases
• Slowness in adapting the law to practical reality