Judicial Precedent

Question 1

What is the court hierarchy of the Civil Courts?

Answer 1

Supreme Court
Court of Appeal (civil division)
Divisional Courts
High Court
County Court

Question 2

What is the court hierarchy of the Criminal Courts?

Answer 2

Supreme Court
Court of Appeal (criminal division)
Kings Bench Divisional Court
Crown Court
Magistrates Court

Question 3

When was the Supreme Court established?

Answer 3

2009

Question 4

What is the practice statement?

Answer 4

It allowed the House of Lords to change the law when believed that an earlier decision was wrongly decided

Question 5

What was the first major use of the practice statement?

Answer 5

British Railway Board V Herrington (1972)
Law changed from Addie V Dumbreck (1929)

Question 6

Addie v Dumbreck (1929) explanation

Answer 6

Large gaps in fence
Used frequently as shortcut to railway station
Warnings to stay off land were not effective, no attempt make to prevent this
Child killed when on land, via apparatus

Occupier did not owe a duty of care

Question 7

What are the two main courts in Europe?

Answer 7

The Court of Justice of the European Union

The European Court of Human Rights

Question 8

Where is the Court of Appeal located?

Answer 8

In the Royal Courts of Justice in London

Question 9

Which two divisions make up the Court of Appeal?

Answer 9

The Civil Division
The Criminal Division

Question 10

What are the two general rules applying to both divisions of the Court of Appeal?

Answer 10

Decisions of one division will not bind the other division

Decisions in each division are normally binding, especially in the civil division

Question 11

What are the three types of precedent?

Answer 11

Binding precedent
Original Precedent
Persuasive Precedent

Question 12

What is Binding Precedent?

Answer 12

A precedent from an earlier case that must be followed if the decision was made by a court that is senior to the court hearing the later case

Question 13

What is original precedent?

Answer 13

Whatever the judge decides will form a new precedent for future cases to follow- when a point of law has never been decided before

Question 14

What is persuasive precedent?

Answer 14

Not binding in court, but a judge may decide that it is a correct principle

Question 15

What are the four methods of handling precedent?

Answer 15

Following
Overruling
Reversing
Distinguishing

Question 16

What is Following?

Answer 16

When a judge considers a precedent is relevant to the case and it is binding, then the precedent must be followed

Question 17

What is Overruling?

Answer 17

When a court states that the precedent decided in an earlier case is wrong (higher court changing precedent)

Question 18

What is Reversing?

Answer 18

When a higher court in the hierarchy, in an appeal, overturns the decision of a lower court on appeal in the same case

Question 19

What is Distinguishing?

Answer 19

Used so a judge can avoid following a past decision which would otherwise have to be followed
Finding that the material facts of the case are sufficiently different to the previous case

Question 20

2 Advantages of Judicial Precedent

Answer 20

Certainty
Flexibility

Question 21

2 Disadvantages of judicial precedent

Answer 21

Complexity
Uncertainty