Judical precedent

Question 1

what is stare decisis

Answer 1

judicial precedent is based off this

stand by past decisions

“ratio” of case forms binding precedent

Higher courts (appeal) that create binding
appeal courts stand by past decisions

except the supreme court (can overrule own decisions)

Question 2

what is binding precedent

Answer 2

-principle of stare decicis
“ratio” of case which forms binding precedent
Most courts are bound to their own decisions
main exception is supreme court

Question 3

Donoghue V stevenson

Answer 3

Snail found in glass bottle darkened brought by friend, Manufactor owed a duty of care to consumer so negligent.

Question 4

what’s obiter dicta

Answer 4

“other things said”
hypothetical situations
not binding but may be persuasive precedent
R v Howe, one judge made an obiter comment that duress shouldn’t be a defence to attempted murder. R v Gotts then decided same facts

Question 5

R v R

Answer 5

house of lords agreed with court of appeal that marital rape was removed and made illegal

Question 6

hierarchy of courts

Answer 6

supreme court
court of appeal
high court
kings bench/chancery/family
county/crien
tribunals/magistrates

Question 7

R v Howe

Answer 7

ratio:
duress is not a defence to a charge of murder
obiter:
defence is not available to attempted murder

R v Howe, one judge made an obiter comment that duress shouldn’t be a defence to attempted murder. R v Gotts then decided same facts

Question 8

DPP v Smith

Answer 8

cut hair with scissors, ABH with scissors tried as assault as physical pain wasn’t necessary

Question 9

what is ratio decedendi

Answer 9

-legal reason for the decision

-ratio of case forms binding precedent

-3-5 judges sitting in court of appeal so multiple ratios may be created

Question 10

types of persuasive precedent

Answer 10

obiter dicta

privy council

other countries

lower courts

Question 11

what is reversing

Answer 11

judge who is hearing the appeal changes decision and ratio

ratio of lower courts will no longer be precedent

e.g Tomlinson where ignored no swimming signs and no duty of care was owed under water

Question 12

Tomlinson

Answer 12

ignored no swimming signs and got hurt by underwater objects however underwater they had no duty of care

Question 13

what is overruling

Answer 13

when a court in a later case decides legal rule in earlier case.

higher court overrules lower courts

E.g in Addie v Dumbreck no duty of care owed to children overruled for BRB v herrington

Question 14

what is distinguishing

Answer 14

when a judge finds there is sufficient difference in cases to not follow precedent in earlier case

when a case is distinguished it remains precedent

Question 15

Young V bristol aeroplane

Answer 15

conflicting decisions

decisions in error

higher court overrules decsision