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law paper 2 section a > judicial precedent > Flashcards

judicial precedent Flashcards

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1
Q

what word means let the decision stand

A

stare decisis

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2
Q

why would stare decisis be god

A

creates fairness, uniformity and saves time

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3
Q

why would stare decisis be bad

A

may overlook facts, makes the law outdated

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4
Q

how are the decisions made in court recorded

A

law reports that are privately produced

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5
Q

who prepares law reports

A

barristers

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6
Q

what is outlined in a judgement speech

A

the decision and explanation of the outcome, the facts of the case, a review of the arguments and an explanation of the principles of law used in the decision

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7
Q

who makes the judgement speech

A

the judge

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8
Q

what is the ratio decidendi

A

the reason for the decision

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9
Q

how does the ratio decidendi affect other cases

A

it’s binding to future cases

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10
Q

what case did the ratio decidendi of donoghue v stevenson(1932) affect

A

daniels v white (1938)

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11
Q

what happens in the case of daniels v white

A

a man bought lemonade whilst drinking it he felt a burning sensation in his throat as it contained a corrosive metal

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12
Q

what is ment by obiter dicta and what can it create

A

other things said
can create a persuasive precedent in future cases

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13
Q

how was obiter dicta used in r v howe (1987)

A

the obiter dicta stated that ‘the defence of duress should not be available to one who attempts murder’

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14
Q

what is the structure of the civil court system

A

supreme court
civil court
chancy family
county court

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15
Q

what is the structure of the criminal court system

A

supreme court
criminal court
high court-kings bench division
crown/magistrates court

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16
Q

what was issued in 1966

A

the practice statement

17
Q

what does the practice statement allow the supreme court to do

A

it allows the supreme court to change previous decisions if they believe it’s right to do so

18
Q

after addie v dumbreck what other case changed the law

A

brb v herrington 1972- said that land owners could owe a duty of care over trespassers on their land

19
Q

post breaksit what only court should the supreme court regard

A

the CJEU

20
Q

which court is the court of appeal bound to

A

the supreme court

21
Q

what case changed the changing of law in the court of appeal

A

young v bristol aeroplane 1944

22
Q

what were the three exceptions made in young v bristol aeroplane 1944

A

-if there are two conflicting decisions
-the decision ‘cannot stand’ with a decision of the house of lords
-the decision was given ‘per incurium’

23
Q

what extra yvba is there in the criminal division and why is it there

A

they can refuse to follow its own previous decisions where the law has been misapplied
incase the statute had been interpreted wrong

24
Q

how are courts bound

A

by those above them

25
Q

what does binding president mean

A

it has to be followed

26
Q

what does persuasive precedent mean

A

it could be followed

27
Q

what does original precedent mean

A

when there’s never been a case like that they will look at others and reason by analogy

28
Q

name 4 examples of persuasive precedent

A

-following the precedent of lower courts e.g. R v R overruled R v miller
-cases used by other courts to enhance our law eg the wagon mound
- obiter dicter R v gotts followed R v howe
-dissenting opinions candler v crane

29
Q

what is judicial precedent

A

a decision made by a judge that must be followed

30
Q

what are the three ways precedents are avoided

A

overruling
distinguishing
reversing

31
Q

what’s overruling and give a case example

A

the believing that the lower court is wrong (so the decision is changed)
pepper v heart overruled david v johnson

32
Q

what’s distinguishing and give a case example

A

the judge shows the material facts in a case are different so they are not bound
r v brown and r v wilson

33
Q

what’s reversing and give a case example

A

when the SAME case goes up to a higher court and they believe the decision of the lower court is wrong
R v kingston

34
Q

what is a dissenting judgment

A

when a minority of judges have an opposing view

35
Q

what are the advantages of precedent

A

certainty
fairness
reliability
time saving
flexibility
precision

36
Q

what are the disadvantages of precedent

A

volume
slowness of growth
rigidity
complexity
illogical distinctions

37
Q

what the difference between r v r and r v miller

A

in r v miller a husband raped his wife and was not guilty as this was legal
in r v r a husband attempted to rape his wife- they were not together however as they were separating and the law then changed

law paper 2 section a (6 decks)

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