Judicial Precedent

Question 1

Stare decisis

Answer 1

Stand by what has been decided

Question 2

Ratio decidendi

Answer 2

Reason for deciding; binding part of a judgment

Question 3

Balfour v Balfour

Answer 3

At the time of agreement the parties were married and did not intend to be legally bound; example of ratio

Question 4

Obiter dicta

Answer 4

Other things said; persuasive part of a judgment

Question 5

Hill v Baxter

Answer 5

Judge gave an example of being attacked by a swam of bees in an obiter statement

Question 6

Binding precedent

Answer 6

precedent from an earlier case which must be followed even if the judge does not agree

Question 7

Original precedent

Answer 7

A decision on a point of law that has never been decided before

Question 8

Donoghue v Stevenson

Answer 8

Set original precedent in establishing the modern law of negligence

Question 9

Persuasive precedent

Answer 9

A decision of another court which is influential but not binding
Courts lower in the hierarchy Decisions made in emergency situationsStatements made obiter dicta

Question 10

Rv R

Answer 10

House of Lords agreed with the CoA that a husband can be found guilty of raping his wife

Question 11

The Wagon Mound (No. 1)

Answer 11

Judicial Committee of the Privy Council looked at the law on remoteness which was followed by the courts in England and Wales

Question 12

R v Gotts

Answer 12

Courts persuaded by the obiter of R v Howe which said that duress could not be a defence to attempted murder

Question 13

Lister v Hesley Hall

Answer 13

Judges influenced by the Canadian Supreme Court regarding vicarious liability

Question 14

Overrule

Answer 14

If a judge feels an earlier decision was wrong, they can overrule the legal principle HIGHER COURTS CAN OVERRULE LOWER COURTS

Question 15

Reverse

Answer 15

If an judge in a higher court hears a case on appeal, they may reverse the decision of the lower court in the same case

Question 16

Distinguish

Answer 16

If a judge feels the earlier case was sufficiently different, they can distinguish it by showing a key difference in case facts

Question 17

Merritt v Merritt

Answer 17

Was distinguished from Balfour v Balfour because the parties wer separated so intended to be bound by the agreement

Question 18

The Practice Statement

Answer 18

How the Supreme Court avoid precedent

Question 19

Per Incurium

Answer 19

Made in error

Question 20

Young v Bristol Aeroplanes

Answer 20

How the Court of Appeal avoid following precedent

Question 21

BRB v Herrington

Answer 21

The HofL used the practice statement to overrule Addie v Dumbrek deciding that a duty can be owed to child trespassers

Question 22

R v Shivpuri

Answer 22

The Hofl used the practice statement and overruled the decision in Anderton v Ryan to allow someone to be found guilty of attempting the impossible

Question 23

Pepper v Hart

Answer 23

The case involved the interpretation of statutes and whether Hansard (a political document of everything said in parliament) could be used by judges when interpreting a law.

Question 24

Addie v Dumbreck

Answer 24

The claimant, a child, was injured while playing near a construction site. The claimant sought compensation for the injuries suffered.

Question 25

Davis v Johnson

Answer 25

Only wives could gain an injunction against their battering husbands, but she wasn't married to J. In this case she won her injunction but the important point here is that in doing so, Lord Denning looked at Law Commission Report on domestic violence to show that unmarried women could also seek injunctions not just wives.

Question 26

Sources on Original Precedent

Answer 26

Donoghue v Stevenson (1932)Court of Appeal held in this case that there is no duty of care between a manufacturer and a consumer. Later the decision of this case was changed by Supreme Court to state there is a duty of care owed. Rv R (1991) First time it was recognised that marital rape could be an offence and was made illegal.Before this case, there was no Law on this area.

Question 27

Sources of persuasive precedent

Answer 27

• 1. Courts lower in the hierarchy - • R-v-R (1991) which the SC agreed with the CA in deciding that a man could be guilty of raping his wife. 2. Decision made in emergency situations Re A (2000) Conjoined Twins - decisions made in emergency situations are not binding only persuasive.

Question 28

3 Statements made Obiter Dicta

Answer 28

In R-v-Howe (1987) SC ruled that duress could not be a defence to a charge of murder and obiter that it could not be a defence to a charge of attempted murder either • This Obiter statement was followed by the CA in ( R-v-Gotts 1992) - a case of attempted murder

Question 29

Example of Overruling

Answer 29

Candler v Crane Christmas & Co was overruled in Hedley Byrne v Heller & Partners Ltd

Question 30

Example of distinguish

Answer 30

Balfour v Balfour was distinguished in Merritt v Merritt

Question 31

Example of reverse

Answer 31

Donoghue v Stevenson

Question 32

London Tramways v LCC

Answer 32

Until 1966, the House of Lords now Supreme Court was bound by its own previous decisions. Previously, SC were only allowed to depart from its decisions on when law was made per incariam (in error)

Question 33

Until 1966, the House of Lords now Supreme Court was bound by its own previous decisions. Previously, SC were only allowed to depart from its decisions on when law was made per incariam (in error)

Answer 33

London Tramways v LCC

Question 34

Practice Statement

Answer 34

Allows the HOL now supreme court to depart from their previous decision “where it appears right to do so”

Question 35

Important points of the Practice Statement

Answer 35

PS should be used reluctantly. The power to use the PS only applies to the Supreme Court The main role of a judge is to apply the law, not make it. The phrase 'when it appears right to do so' is very vague and there is little guidance as to what it actually means.If clears up the problems that judges may have created when distinguishing cases (see Herrington v BRB and Addie v Dumbreck)

Question 36

First ever civil use of PS

Answer 36

Conway v Rimmer

Question 37

Conway v Rimmer

Answer 37

First ever civil use of PS

Question 38

Major use of PS (civil case)

Answer 38

Herrington V BRB departed from Addie V Dumbreck

Question 39

Herrington V BRB departed from Addie V Dumbreck

Answer 39

Major use of PS (civil case)

Question 40

Famous use of PS (civil case)

Answer 40

Pepper v Hart departed from Davis v Johnson

Question 41

Pepper v Hart departed from Davis v Johnson

Answer 41

Famous use of PS (civil case)

Question 42

Reluctance to Use PS (civil case)

Answer 42

Jones v Secretary of State (1972)

Question 43

Jones v Secretary of State (1972)

Answer 43

Reluctance to Use PS (civil case)

Question 44

Direction to Use PS (civil case)

Answer 44

Knuller v DPP

Question 45

Knuller v DPP

Answer 45

Direction to Use PS (civil case)

Question 46

First ever criminal use of PS

Answer 46

R v Shivpuri

Question 47

R v Shivpuri

Answer 47

First ever criminal use of PS

Question 48

Direction to Use PS (criminal cases)

Answer 48

C v DPP (Lord Lowry) Social Concern Parliament refuse to legislate Bring certainty to the lawFundamental principles

Question 49

C v DPP (Lord Lowry) Social Concern Parliament refuse to legislate Bring certainty to the lawFundamental principles

Answer 49

Direction to Use PS (criminal cases)