Judicial Precedent Flashcards
1
Q
Stare Decisis
A
Stand by the decisions
2
Q
Obiter Dicta
A
Other things said
3
Q
Ratio Decidendi
A
Reasons for deciding
4
Q
Is Obiter Dicta binding precedent?
A
No
5
Q
Is Ratio Decidendi binding precedent?
A
Yes
6
Q
The highest court on the UK Court Hierarchy?
A
Supreme Court
7
Q
What does the Practice Statement give the Supreme Court the right to do?
A
Overrule its own precedent
8
Q
In which case was the first major use of the Practice Statement?
A
Herrington v British railway board [1972] AC 887
9
Q
What are the three types of precedent?
A
Original
Binding
Persuasive
10
Q
What is the precedent from R v Howe that was used in R v Gott’s?
A
Duress is not a defence for attempted murder
