Judicial Precedent Flashcards
What is meant by common law?
Case law or judge made law
What does Stare Decisis mean
Follow decision made in previous case law
What does Ratio Decidendi mean?
Point of law
What does Obiter Dicta mean?
Comments that judges make (persuasive)
What is a binding precedent?
Must be followed
What is a persuasive precedent?
It may be followed but does not have to be
What is an original precedent?
First time a binding precedent is stated
What allows decisions in the Supreme Court to not be binding?
Practice Statement 1966
What decision is the court of appeal bound by?
Supreme Court and its own decisions
What are the three reasons that the court of appeal can go against a previous decision?
CA decision conflicts with Supreme Court decision
Two conflicting CA decisions
Decision made was per incuriam (in ignorance of the law)
What does per incarium mean?
In ignorance of the law
What is distinguishing?
If there are enough differences then a point of law does not apply from another case
What are some case examples of distinguishing?
Balfour v Balfour
Merritt v Merritt
R v Brown
R v Wilson
What is overruling?
Higher court can overrule decision made in earlier case by lower court
What is reversing?
If decision in lower court appealed to higher one the higher court may change back to original decision if it was correct
