Judicial Precedent

Question 1

Common law def

Answer 1

Case law comes from decisions made by judges in cases before them. E.g. Murder is a common law crime and has no statutory definition

Question 2

Stare Decisis

Answer 2

Let the decision stand - means a judge has to follow decision or binding legal principle set out by earlier case. Provides certainty and consistency in decision making , save time and money for lawyers

Question 3

Ratio decidendi

Answer 3

Reason for there decision -legally binding part of judgement which must be followed by other judges in lower cours

Question 4

Obiter Dicta

Answer 4

Things said by the way - not part of binding precedent merely persuasive. Judge can speculate what outcome of case would’ve been if facts slightly different

Question 5

Binding precedent

Answer 5

Must be followed - ratio decidendi usually binding on courts same level and below

Question 6

Persuasive precedent

Answer 6

May be followed but doesn’t have to be. One example is obiter dicta. Higher the court the more persuasive the precedent.

Question 7

Original precedent

Answer 7

If point of law in a case never been decided before judge will set precedent as new original precedent.
Fears and others v Board of Tristees of the Tate Gllery - set new precedent that overlooking could never be considered a nuisance

Question 8

What is Hierarchy of courts and what does it Mens

Answer 8

1 Supreme Court
2 court of appeal
Means all courts on same level or below must follow ratio of any decision made in a case

Question 9

3 methods of avoiding precedent

Answer 9

1. The practice statement 1966
   2.court of appeal
2. Distinguising

Question 10

How does practice statement 1966 allow avoiding precedent

Answer 10

Allow a Supreme Court to depart from previous decision where it appears right to do so.

Seen in A v hoare - h sex abused woman then won lottery in prison. Tried to sue him but unable to due to an act. Court allowed her as she should be allowed to

Question 11

How does court of appeal allow avoiding precedent

Answer 11

It is bound by Supreme Court and usually its own decisions. Some flexibility allowed by YOUNG V BRISTOL AEROPLANES -

Question 12

What did young v Bristol aeroplanes say

Answer 12

CA can go against its own decisions if
1. Decision conflicts with Supreme Court decision.
2. There are 2 conflicting CA decisions
3. Decision was made in ignorance of the law

Question 13

How does distinguishing allow avoiding precedent

Answer 13

Distinguishing case on facts or pol involved is used by judges to avoid consequences of earlier binding decision that’s inconvenient. Used when facts in case being heard and binding precedent are different