judicial precedent

Question 1

English law is based on the system called

Answer 1

‘stare decisis’ (meaning stand by the decision)

Once a principle of law has been decided in a case, future cases involving similar facts must be decided in the same way

The principle of judicial precedent is every court is obliged to follow the previous decision of a higher court
Like cases treated alike

Question 2

Ratio Decidendi meaning

Answer 2

Reason for the decision / reason for deciding
Legal reason for the decision
May have more than one ratio, especially if several judges make the decision
Only part of the decision which must be followed
BINDING ON FUTURE CASES

Question 3

what does ratio decidendi do w case

Answer 3

Forms case law
Not always apparent what is the ratio
May be difficult to find
Appellate courts more than one judge

Question 4

Obiter Dicta

Answer 4

means other things said
This is additional information, it may be comments about why the case has been decided the way it has, or how it could apply to other cases

Parts that do not form the ratio

Not necessary to the decision

May be a hypothetical situation
Brown (1993) inflict harm for sexual pleasure / Wilson (1996) – tattooing / body piercing
Howe (1987) the defence of duress should not be available to one who attempts murder / Gotts (1992)