Judicial Precedent Flashcards

0
Q

Who is the ECJ bound by?

A

No one

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1
Q

What is the court hierarchy?

A

ECJ, Supreme Court, Court of Appeal, High Court, Crown Court, magistrates

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2
Q

Who is the Supreme Court bound by?

A

ECJ and itself

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3
Q

How can the Supreme Court overrule itself?

A

The Practise statement, “when it appears right to do so” (Lord Chancellor)

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4
Q

What are two examples of the Practise statement in use?

A

Pepper v Hart and Davis v Johnston (banned Hansard)

R v Howe and R v Lynch (duress is not a defence)

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5
Q

Who is the Court of Appeal bound by?

A

ECJ, Supreme Court and itself (some exceptions

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6
Q

What case were the exceptions created by?

A

Young v Bristol Airplane Company

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7
Q

What are the exceptions that apply to the Court of Appeal

A

1) decision was made per incuriam
2) two COA decisions conflict
3) a later decision in SC or ECJ overrules the COA decision

4) ignore if previous decision is inconsistent with European Community Law
5) if S. 2 of the Human Rights Act 1998 overrules it

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8
Q

Who is the High Court bound by?

A

all above courts and family and chancery are bound by itself

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9
Q

Is the crown court bound to follow itself?

A

No

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10
Q

Are magistrates bound to follow itself?

A

No

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11
Q

What does Stare Decisis mean?

A

Let the previous decision stand

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12
Q

What is an example of Stare Decisis

A

Donaghue v Stevenson and Daniels v White

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13
Q

What does Ratio Decidendi mean?

A

The reason for deciding

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14
Q

What does the Judge do at the end of the case?

A

He presents his written judgement (Case Law) at the end

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15
Q

What does the Case Law include?

A

It includes the facts and legal principles (ratio Decidendi) used to reach his decision