Judicial Precedence (Criminal)

Question 1

What is the doctrine of judicial precedence?

Answer 1

The principle that past decisions of judges create law for future judges to follow

Question 2

What do Judges have to look for?

Answer 2

A decision made by a higher court that dealt with similar cases/issues and apply the same principle to the current case

Question 3

What does stare decisis mean?

Answer 3

Stand by what has been established and do not settle the unestablished

Question 4

What does precedent rely on?

Answer 4

It relies on a system of law reporting by the Council of Law Reporting

Question 5

What do law reports contain?

Answer 5

Full judgment of previous cases so similar cases can follow the same judgment

Question 6

When are cases published?

Answer 6

Not always, only when the case sets a new principle of law

Question 7

What does the judge do at the end of a case?

Answer 7

A speech called a judgment

Question 8

What is The Ratio Decidendi?

Answer 8

When a judge gives a speech, they will explain the principles behind it (reason for the deciding) which creates a precedent for judges to follow

Question 9

What does Ratio Decidendi translate to?

Answer 9

The reason for the deciding

Question 10

What has The Ratio Decidendi been described as?

Answer 10

Any rule treated by the judge as a necessary step in reaching a decision - Sir Rupert Cross

Question 11

Examples of legally binding ratio decidendi

Answer 11

R v Roberts - escape attempt made then it won’t break the chain of causation

Question 12

What does The Orbita Dicta translate to?

Answer 12

Other things said

Question 13

What is The Orbita Dicta?

Answer 13

Other parts that don’t form the ratio decidendi, judges in later cases may be influenced by it (persuasive precedent)

Question 14

What are some examples of Obirta Dicta?

Answer 14

decisions of lower courts and decisions of other countries

Question 15

A popular example of persuasive precedent?

Answer 15

Lord Denning’s hypothetical example in Hill x Baxter - if D was attacked by bees whilst driving, he would have the defense of automatism in a crash

Question 16

What is binding precedent?

Answer 16

Must be followed by lower courts

Question 17

What is not binding precedent?

Answer 17

Persuasive precedence only

Question 18

Why is the hierarchy of the Courts important?

Answer 18

Lower courts are bound to follow the precedents set by courts on the same level or higher but will not bind the Supreme Court

Question 19

Binding order for Criminal?

Answer 19

European, Supreme, Appeal, Queen’s Bench, Crown, Magistrates

Question 20

Binding order for Civil?

Answer 20

European, Supreme, Appeal, Divisional, High, County

Question 21

What unique power does the Supreme Court have?

Answer 21

It can depart from its previous decisions using the Practice Statment issued in 1966 when it is right to do so

Question 22

Example of Practice Statement?

Answer 22

R v R: the law stated that a married woman could not refuse sex, something based on 19th-century views so it was changed

Question 23

What methods may a judge use to avoid precedent?

Answer 23

Distinguishing, Overruling

Question 24

What is Overruling?

Answer 24

When a court is asked to review whether a precedent created by a court at a lower level is the correct law (R v R 1991)

Question 25

What is distinguishing?

Answer 25

If the facts are significantly different in any manner, there is no obligation to follow the previous case (R v Brown 1993)