judical precedent

Question 1

what is judical precedent?

Answer 1

past decisions of a judge create new laws for future judges to follow

Question 2

stare decisis

Answer 2

judges look for a decision by the higher court which deals with the same issues as the present case
once this has been found, they will look at how the law was applied in that case and apply the same principles in the present case

Question 3

law reports

Answer 3

contain the full judgement from the case so that future cases can follow the decisions

Question 4

when are law reports published

Answer 4

only when the case sets a new principle of law

Question 5

the judgement

Answer 5

the speech made by a judge at the end of a case

Question 6

ratio decidendi

Answer 6

the law that has been decided in the case that creates a precedent for judges to follow in future cases

Question 7

eg of ratio decidendi

Answer 7

Roberts - if the V makes an escape attempt, the chain of causation is not broken

Question 8

Obiter dicta

Answer 8

everything said apart from the ratio
it is the context of the case, which can then influence the decisions of other judges in a case

Question 9

eg of obiter dicta

Answer 9

Lord Denning’s Swarm of Bees analogy

Question 10

Heirarchy of the criminal court

Answer 10

the supreme court (previously house of lords)
-binds all lower courts in the English legal system
- originally bound by its own previous decisions according to London Street Tramways 1898
2) Court of appeal (Civil)
3) Divisional Courts - crown court, magistrates court
4 High court (Civil)
5) County Court (Civil)

Question 11

The Practice Statement

Answer 11

Since 1996, the Practice Statement has allowed the Supreme Court to change the law if it believes that an earlier case was wrongly decided
- allows for flexibility

Question 12

first case of the supreme court overruling a previous decision

Answer 12

Shivpuri which was overruled by Anderton v Ryan

Question 13

ways of avoiding precedent (1)

Answer 13

Distinguishing.
If the case has similar facts as an existing law, then the judge must follow the precedent
If the facts are materially different, then there is no obligation to follow the previous case

Question 14

example of distinguishing

Answer 14

Brown was distinguished from Wilson

Question 15

ways of avoiding precedent (2)

Answer 15

Overruling.
This occurs when a court is asked to review whether a precedent created by a lower level of court is correct law
The Supreme court can overrule its own decisions eg R v R

Question 16

advantage of judical precedent

Answer 16

It ensures certainity.
Courts following past decisions means that people know what the law is and how likely it is to be applied in their case.
This allows lawyers to better advise their clients on the outcomes of their case.

Question 17

disadvantages of judical precedent

Answer 17

It makes the law too rigid.
Change in the law will only take place if parties have the courage, persistence and money to appeal the case