Judicial precedent

Question 1

Stare Decisis

Answer 1

-loosely means ‘stand by what has been decided and do not unsettle the established’
-previous decisions made by judges in cases can be used in later cases.

Question 2

Ratio Decidendi

Answer 2

Means ‘the reason for deciding’
At end of case there will be a judgement in which the judge will:
-Give a summary of the facts of the case
-Review the arguments put by the advocated or the parties
-Explain the principles of law being used to come to the decision

Question 3

Obiter dicta

Answer 3

Means ‘Other things said’ and judges in future cases are not bound to follow it
Sometimes a judge will speculate on what the decision would have been if the facts of the case had been different
R v Howe

Question 4

Practice statement

Answer 4

Allows court to depart from a previous decisions when it appears right to do so
London street Tramways v London County Council

Question 5

Use of practice statement

Answer 5

-Allows HOL to change law when it believed that an earlier case was wrongly decided
-First major use - British Railways Board v Herrington