Judicial Precedent Flashcards
What is meant by judicial precedent?
A source of law where the decisions of judges creates law for future judges to follow
What is judicial precedent known as?
Case Law
Is the level of courts important when considering if judges have to follow precedent?
Yes, judges are bound by those higher in the hierarchy than them. Eg. The crown court is bound by the supreme court.
What is meant by stare decisis?
Stand by what has been said
What is stare decisis?
When judges look at similar cases and use previous decisions to make judgement, and follow previous decisions- provides certainty and fairness
Judicial precedent can only operate if past decisions are known. True or false?
True
What is a judgement?
A judgement is the speech made at the end of each case that the judge gives. Contains a summary of the facts, review of arguments and legal principles used to come to decision. Forms ratio decidendi
What is ratio decidendi?
“Reason for decision.” Binding on all lower courts, and can be more than one if more than one judge= dissenting judge. Older cases means it`s more difficult to find ratio.
What is obiter dicta?
“Other things said.” It is non binding but often persuasive therefore referred to in future cases. Eg: R v Howe 1987 and R v Gotts 1992
Name the 3 types pf precedent.
Original, Binding, Persuasive
What is original precedent?
A new point of law where decision forms a new precedent for future judges to follow. Once declared it becomes both original and binding. AKA. Declaratory precedent: Fearn and others v Board of Trustees of the Tate Gallery 2020
What is binding precedent?
Where a decision made in a previous case must be followed meaning it`s biding even if judge disagrees. However, facts must be similar
What is persuasive precedent?
Means it is not binding but it is persuasive. Usually contained in statements of obiter.
What is the practice statement?
Allowed the House of Lords to overrule previous case decisions if necessary. It has vague meaning. It was reluctant in use in Conway V Rimmer 1968 but had first major use in Herrington v BRB 1972
What are the two divisions in the Appeal Court
Criminal Division and Civil Divison, both bound by Supreme Court and former decisions of House of Lords
