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
