Judicial Precedent

Question 1

What is stare decisis?

Answer 1

• Means to stand by things decided in previous cases.

- Meaning courts should cite to stare decisis where a ruling had been issued in similar cases.

Question 2

What is ratio deciendi?

Answer 2

• Means ‘the reason’.
• This basically the judges reason for his decision.
• Must be followed.

Question 3

What is obiter dicta?

Answer 3

• The things stated in the course of judgement.
• They are not necessary for the decision.
• Can influence future cases.

Question 4

What courts can create precedents?

In order of who follows the other

Answer 4

1. Supreme Court.
2. Court of appeal.
3. Divisional courts.
   All other courts (criminal and civil) cannot make precedents.

Question 5

What is exception to judicial precedent?

Answer 5

-When cases of human rights are involved.

Question 6

Before the Supreme Court was established who was the highest court?

Answer 6

House of Lords.

Question 7

What is practice statement 1966?

Answer 7

Allows House of Lords to depart from previous decision where it can lead to justice.