Judicial precedent Flashcards
What is the definition of precedence?
judges follow the decisions of previous cases to help them make a decision on their case
what does the term stare decisis mean?
let the decision stand
what does stare decisis allow for?
consistency, fairness and certainty within the legal system
What does ratio decidendi mean?
binding authority
what must the courts do if there is ratio decidendi?
lower courts must follow the decisions of the higher courts.
(lower courts are bound by decisions of the higher courts)
What is the order of the court hierarchy?
- Supreme court
- Court of appeal
- High court
4.Crown/magistrate/county
What is the point of law at the end of a case also known as?
ratio decidendi
What is a case for ratio decidendi?
R v Howe & Bannister
What was the ratio decidendi in R v Howe & Bannister?
The defence of duress is not available to a defendant charged with murder
When can ratio decidendi be avoided?
Higher courts do not have to follow the decisions of the lower courts and so can over rule the ratio decidendi from lower courts
What does Obiter Dicta mean?
Other things said
what is the definition of Obiter Dicta?
when a judge gives their final decision, there may have been other things said
Is Obiter Dicta legally binding?
No, but it is persuasive in future cases
What are the four ways a judge can avoid precedent?
- Over ruling
- distinguishing
- 1966 practice statement
- Young v Bristol Aeroplane exceptions
What is the definition of distinguishing?
Where the judge regards the present case as sufficiently different to a previous case
