Judicial Precedent

Question 1

Stare Decisis

Answer 1

“Let the decision stand”

Question 2

Binding Precedent

Answer 2

Decisions that HAVE to be either followed or overruled and can be made from the CoA upwards.

Question 3

Persuasive Precedent

Answer 3

Precedent that should be followed but isn’t compulsory

Question 4

Ratio deciendi

Answer 4

Reason for the decision

Question 5

CASE for Ratio deciendi

Answer 5

dudley v stephens 1886

Question 6

Obiter dicta

Answer 6

“other things said” which forms the basis of persuasive precedent in the future

Question 7

CASE for Obiter dicta

Answer 7

Donoghue v stevenson 1932

Question 8

Overruling

Answer 8

higher court oveturns a decision of a lower court

Question 9

CASE for Overruling

Answer 9

R v R 1991

Question 10

Reversing

Answer 10

Supreme court returns a decision to its original precedent

Question 11

CASE for Reversing

Answer 11

Gillick 1986

Question 12

Distinguishing

Answer 12

Any court decides that precedent doesn’t fit and makes a new one but keeps the unrelated one the same

Question 13

CASE for Distinguishing

Answer 13

Merrit v Merrit 1970

Question 14

Departing

Answer 14

Court overturns a decision made in the same court previously

Question 15

CASES for Departing

Answer 15

SC: Practice statement 1966
CoA: Young v Bristol Aeroplane 1944

Question 16

WHAT from young v bristol aeroplane ltd 1944 was produced to establish sufficient circumstances to depart

Answer 16

The Young v Bristol Aeroplane criteria