Judicial Precedent

Question 1

Define stare decisis:

Answer 1

‘Let the decision stand’ it helps to ensure stability and fairness

Question 2

Define Ratio decidendi

Answer 2

‘Reason for a decision’ which is the binding part of a decision. The case study is Donoghue V Stevenson which was used for Daniel V White

Question 3

Define obiter dicta:

Answer 3

‘Other thing said’ which is the non binding part of the decision and can influence the judges. The example of R V Howe and R V Gotts

Question 4

What are the 4 other types of persuasive precedent?

Answer 4

1) Dissenting judgements
2) Decisions of lower courts
3) Decisions of foreign courts
4) Privy council decisions

Question 5

Explain original precedent:

Answer 5

When no precedent exists so the judge uses principles from an analogous case to make a decision. The case example is Hunter V Canary Wharf.

Question 6

What is the supreme courts role?

Answer 6

It deals with points of law, national important cases and binds the lower courts.

Question 7

How did Lord Gardiners practice statement impact the supreme court?

Answer 7

It allowed them to depart from past decisions which ncreased their flexibility

Question 8

Who are the court of appeal and the high court binded by?

Answer 8

Both are binded by the higher courts and themselves.

Question 9

What did Young V Bristol Areoplane decide for the court of appeal and the high court?

Answer 9

The courts can depart from their past decisions if it was made:

1. Decisions are made per ‘incuriam’
2. When a decision contradicts a decision of the supreme court
3. When decisions conflict the court is bound to choose which it will follow

Question 10

Name the 3 Inferior courts:

Answer 10

1) Crown Court
2) Magistrates Court
3) County Court

Question 11

What is overruling and give the case study?

Answer 11

It is when a higher court is setting aside a legal ruling made in a previous case by a lower court. The case example is R V R and R V Miller.

Question 12

What is reversing and give the case study example:

Answer 12

It occurs when a higher court in the hierachy overturns the lower court in the same case on appeal. The case study example is Gillik.

Question 13

What is distinguishing and the case study example?

Answer 13

It is when the facts of the current case differ in a meaningful way. The case study example is Balfour V Balfour and Merrit V Merrit