Judicial Precedent Flashcards
What is judicial precedent?
Judicial precedent is a legal principle where past decisions by courts are used as a basis for deciding similar future cases.
True or False: Judicial precedent is only applicable in criminal law.
False
What is the doctrine of stare decisis?
The doctrine of stare decisis is the principle that courts should follow precedents set by previous decisions.
Fill in the blank: The hierarchy of the courts in the UK establishes the ______ of judicial precedents.
binding nature
Which court is at the top of the hierarchy in the UK?
The Supreme Court
What is the significance of the Court of Appeal in judicial precedent?
The Court of Appeal’s decisions are binding on lower courts.
True or False: A decision from the House of Lords is not binding on the Supreme Court.
True
What are the two types of precedent?
Binding precedent and persuasive precedent.
What is binding precedent?
Binding precedent is a legal decision that must be followed by lower courts in the same hierarchy.
What is persuasive precedent?
Persuasive precedent is a decision that is not binding but can influence a court’s decision.
Fill in the blank: The ______ rule allows judges to distinguish a case from previous precedents.
distinguishing
Which case established the principle of binding precedent in the UK?
Donoghue v. Stevenson (1932)
What does the term ‘ratio decidendi’ refer to?
Ratio decidendi refers to the legal reasoning or principle that forms the basis of a court’s decision.
What is ‘obiter dicta’?
Obiter dicta are comments made by a judge that are not essential to the decision and do not have binding authority.
True or False: All court decisions create binding precedent.
False
What role does the Supreme Court play in judicial precedent?
The Supreme Court can create or overturn binding precedents for lower courts.
What is the ‘practice statement’ issued by the House of Lords?
The practice statement allows the House of Lords to depart from its previous decisions.
Fill in the blank: The ______ principle allows judges to follow decisions from other jurisdictions as persuasive precedent.
international
What is the main advantage of judicial precedent?
It promotes consistency and predictability in the law.
What is a disadvantage of judicial precedent?
It can lead to rigidity and may not adapt quickly to social changes.
True or False: Judicial precedent can be overruled by legislation.
True
What is the role of the High Court in judicial precedent?
The High Court can establish new precedents that are binding on lower courts.
Fill in the blank: Courts may also look to ______ decisions for guidance, even if they are not binding.
foreign
What is ‘overruling’ in the context of judicial precedent?
Overruling occurs when a higher court decides that a previous decision is incorrect and sets a new precedent.
What does it mean to ‘follow’ a precedent?
To follow a precedent means to apply the legal principles established in a previous case to a current case.
