Judicial precedent

Question 1

What is the definition of precedence?

Answer 1

judges follow the decisions of previous cases to help them make a decision on their case

Question 2

what does the term stare decisis mean?

Answer 2

let the decision stand

Question 3

what does stare decisis allow for?

Answer 3

consistency, fairness and certainty within the legal system

Question 4

What does ratio decidendi mean?

Answer 4

binding authority

Question 5

what must the courts do if there is ratio decidendi?

Answer 5

lower courts must follow the decisions of the higher courts.
(lower courts are bound by decisions of the higher courts)

Question 6

What is the order of the court hierarchy?

Answer 6

1. Supreme court
2. Court of appeal
3. High court
   4.Crown/magistrate/county

Question 7

What is the point of law at the end of a case also known as?

Answer 7

ratio decidendi

Question 8

What is a case for ratio decidendi?

Answer 8

R v Howe & Bannister

Question 9

What was the ratio decidendi in R v Howe & Bannister?

Answer 9

The defence of duress is not available to a defendant charged with murder

Question 10

When can ratio decidendi be avoided?

Answer 10

Higher courts do not have to follow the decisions of the lower courts and so can over rule the ratio decidendi from lower courts

Question 11

What does Obiter Dicta mean?

Answer 11

Other things said

Question 12

what is the definition of Obiter Dicta?

Answer 12

when a judge gives their final decision, there may have been other things said

Question 13

Is Obiter Dicta legally binding?

Answer 13

No, but it is persuasive in future cases

Question 14

What are the four ways a judge can avoid precedent?

Answer 14

1. Over ruling
2. distinguishing
3. 1966 practice statement
4. Young v Bristol Aeroplane exceptions

Question 15

What is the definition of distinguishing?

Answer 15

Where the judge regards the present case as sufficiently different to a previous case

Question 16

case example for distinguishing?

Answer 16

Balfour v Balfour & Merritt v Merritt

Question 17

How does the 1966 practice statement help avoid precedent?

Answer 17

allows supreme court to change the law if they believe an earlier case has been wrongly decided and if it is ‘right to do so’

Question 18

case example for 1966 practice statement?

Answer 18

Addie Dumbreck vs Herrington v British railways board

Question 19

What are the four Young v Bristol Aeroplanes exceptions?

Answer 19

1. if prev. decision conflicts later SC decision, CA must follow SC
2. 2 conflicting CA decisions, rejected one loses binding force
3. It was made per incuriam (lack of care ect)
4. IN CRIM CASES- if the decision is wrong or unjust