Judicial Precedent Flashcards
What is precedent?
The decisions of judges in cases. Used as a source of law that future judges follow.
True or False
If a judge finds that there has been a previous decision by a higher court in a similar case, they must follow it.
TRUE
What is a ‘judgement’?
The judges reasoning and why they feel bound to follow one case of precedent rather than another, this itself may become precedent.
What does Stare decisis mean?
To stand by what has been previsouly decided.
What is a famous case example of Stare decisis ?
Donoghue v Stevenson 1932 - Mrs D’s friend bought her a bottl eof ginger beer, which had a snail in it. Mrs D could not pursue a claim in contract law because she had not bought the drink. The court held that duty of care is owed by the manufacturers consumers. This case is remembered for Lord Atkin’s ‘neighbour principle’ which became the foundation for modern laws on negligence.
What happened in the case of Donoghue v Stevenson 1932?
Mrs D’s friend bought her a bottl eof ginger beer, which had a snail in it. Mrs D could not pursue a claim in contract law because she had not bought the drink. The court held that duty of care is owed by the manufacturers consumers. This case is remembered for Lord Atkin’s ‘neighbour principle’ which became the foundation for modern laws on negligence.
What does Ratio decidendi mean?
the reasons a judge came to their decision.
True or False
Ratio decidendi must be folowed by other judges in future cases.
True
True or false
Stare decisis must be folowed by other judges in future cases.
False
What is a case example of Ratio decidendi?
R v Howe 1987 - D took part in a murder byt claimed he was acting under duress. The court ruled that duress is not available to a charge of murder. This point of law formed precedent which has been followed in cases, (eg. Ashlea Wilson 2007 when D, aged 13, helped his father murder his mother because he was too frightened to disobey)
What happened in the case of R v Howe 1987?
D took part in a murder byt claimed he was acting under duress. The court ruled that duress is not available to a charge of murder. This point of law formed precedent which has been followed in cases.
What does Obiter dicta mean?
Other things said by the judge in the judgement.
True or False
Obiter dicta must be folowed by other judges in future cases.
False
What is a case example of Obiter dicta ?
R v Gotts 1992 D tried to kill his mother because his father threatened him with violence, but she survived.
Here the Court of Appeal followed obiter dicta from the earlier case of R v Howe, but this was not ratio decidendi (binding precednt) because the Howe case was a murder case, therefore the comments about attemtped murder were not binding.
What happened in the case of R v Gotts 1992?
D tried to kill his mother because his father threatened him with violence, but she survived.
Here the Court of Appeal followed obiter dicta from the earlier case of R v Howe, but this was not ratio decidendi (binding precednt) because the Howe case was a murder case, therefore the comments about attemtped murder were not binding.
COURT HIERARCHY, fill in the blanks
Civil cases :
-________ ____
-Court of Appeal (Civil Division)
-Divisional Courts
-High Court
-County Court
Supreme Court
COURT HIERARCHY, fill in the blanks
Civil cases :
-Supreme Court
-_____ __ _______
-Divisional Courts
-High Court
-County Court
Court of Appeal (civil division)
COURT HIERARCHY, fill in the blanks
Civil cases :
-Supreme Court
-Court of Appeal (Civil Division)
3.
-High Court
-County Court
Divisional Courts
COURT HIERARCHY, fill in the blanks
Civil cases :
-Supreme Court
-Court of Appeal (Civil Division)
-Divisional Courts
-4.
-County Court
High Court
COURT HIERARCHY, fill in the blanks
Civil cases :
-Supreme Court
-Court of Appeal (Civil Division)
-Divisional Courts
-High Court
-5.
County Court
COURT HIERARCHY, fill in the blanks
Criminal Cases:
-1.
-Court of Appeal
-King’s Bench Divisional Court
-Crown Court
-Magistrates’ Court
Supreme Court
COURT HIERARCHY, fill in the blanks
Criminal Cases:
-Supreme Court
-2.
-King’s Bench Divisional Court
-Crown Court
-Magistrates’ Court
Court of Appeal (Criminal Division)
COURT HIERARCHY, fill in the blanks
Criminal Cases:
-Supreme Court
-Court of Appeal
-3.
-Crown Court
-Magistrates’ Court
King’s Bench Divisional Court
COURT HIERARCHY, fill in the blanks
Criminal Cases:
-Supreme Court
-Court of Appeal
-King’s Bench Divisional Court
-4.
-Magistrates’ Court
Crown Court
COURT HIERARCHY, fill in the blanks
Criminal Cases:
-Supreme Court
-Court of Appeal
-King’s Bench Divisional Court
-Crown Court
-5.
Magistrates’ Court
When did the Supreme Court replaced the House of Lords as the highest court in the UK?
October 2009
Which court did the Supreme Court replace as the highest in the UK in October 2009?
the House of Lords
True or false
The Supreme Courts decisions bind all other courts in the English legal system
True
What are the 3 types of precedent?
Binding, Persuasive, Original
What is a binding precedent?
Precedent that must be followed by future courts, depending on their position in the court hierarchy.
True or False
To be binding precedent the facts of a case must be broadly similar.
True
What is a case example of binding precedent?
R v Howe 1987,where the House of Lords ruled that duress could not be a defence to murder. This was binding in the later case of Ashlea Wilson 2007 despite D being very young and vulnerable to threats.
What happened in the case of R v Howe 1987 and Ashlea Wilson 2007, relevant to binding precedent?
The House of Lords ruled that duress could not be used in defence of murder, this was then binding in the later case of Ashlea Wilson 2007, even though D was very young and vulnerable to threats.
What is a persuasive precedent?
Precedent that doesn’t have to be followed by future cases, but a judge may choose to follow it.
What different kinds of persuasive precedent are there?
-From courts lower in the hierarchy
-Privy Council decisions
-Obiter Dicta
-Dissenting judgements
-Decisions of courts in other countries
What is a case example of persuasive precedent?
R v Bentham 2003, D used his fingers in his pocket to make a gun shape, charged with possession of an imitation weapon. The court was invited to follow the Canadian case of R v Sloan 1974
What is original precedent?
This is when the point of law of a case has never been decided before, therefore the normal doctrine of judicial precedent cannot apply a there is none to follow.
What is a case example of original precedent?
Donoghue v Stevenson 1932, it formed the basis of the development of the modern law on negligence.
List four advantages of precedent :
-fairness and consistency
-time-saving
-certainty
-expertise of judges
Explain this advantage of precedent : Fairness and Consistency
Like cases are treated alike, which is fair and promotes justice. The law is not reliant on the opinion of an individual judge, which gives it better credibility.
