Judicial Precedent Flashcards
What word means let the decision stand
Stare decisis
Why would stare decisis be good
Creates fairness, uniformity and saves time
Why would stare decisis be bad
May overlook facts, makes the law outdated
How are the decisions made in court recorded
Law reports that are privately produced
Who prepares law reports
Barristers
What is outlined in judgement speech
The decision and explanation of the out come, the facts of the case, A review of the arguments and explanation of the principle of law used in the decision
Who makes the judgment speech
The judge
What is ratio decidendi
The reason for the decision
How does the ratio decidendi affect other case
It’s binding to future cases
What case did the ration decidendi of donoghue v Stevenson (1932) affect
Daniels v white (1938)
What happens in the case of daniels v white
A man bought lemonade whilst drinking it he felt a burning sensation in his throat as it contained a corrosive metal
What is meant by obiter and what can it create
Other things said can create a persuasive precedent in further cases
How was the obiter dicta used in r v Howe (1987)
The obiter dicta stated that ‘the defence of duress should not be available to one who attempts murder’
What is the structure of the civil court system
Supreme Court
Civil court
Civil division
County court
What is the structure of the criminal court system
Supreme Court
Criminal court
High court-kings bench division
Crown or magistrates court
