Judicial Precedent Flashcards
What is judicial precedent?
A source of law where judges create laws for future judges to follow
What does ‘stare decisis’ mean?
Stand by what has been decided
What is the precedent of stare decisis?
Where the POL in a previous and present case is the same, the court hearing should follow the decision made in the previous case
What does stare decisis require?
Law reporting to operate effectively
What principle is stare decisis?
The principle that underlines the operation of the doctrine of the binding precedent
Stare decisis authority
Automatic Telephone and Electric Co. Ltd
Application of SD authority
- Despite a Lord Justice disagreeing with a precedent in an earlier case (Schweppes Ltd Registrar), when the same POL arose in Automatic, the LJ agreed to follow the earlier precedent. The decision in the Schweppes case became precedent that had to be followed.
What is ratio decidendi?
The legal reasoning or ground for the judicial decision
Is ratio decidendi binding?
It is binding on later courts under the system of judicial precedent
Ratio decidendi authority
R v Howe
Application in RD authority
Set the binding precedent that duress by threat would not be a permitted defence for murder
What does obiter dicta mean?
Whilst ratio decidendi is the part of the judgement that forms a precedent, the rest of the judgement is the obiter dicta, meaning ‘other things said’
Is obiter dicta binding?
No
Obiter dicta authority
R v Gotts
What is the difference between binding and persuasive precedent?
- Binding precedent must be followed
- Persuasive precedent doesn’t have to be followed but could influence decisions in the future
