Judicial Precedent

Question 0

A judgement is only binding when the …. Is similar

Answer 0

Facts

Question 1

A judgement is only binding when the …. Is the same

Answer 1

Legal principle

Question 2

A decision is only binding on courts if the court is

Answer 2

Of the right standing in the hierarchy, courts do not need to follow the ratio of lower courts

Question 3

Precedents which have been overruled by these are not biding

Answer 3

Overruled by a higher court, and act of parliament

Question 4

Precedents which can be are not binding

Answer 4

Distinguished

Question 5

If the law was made wrong it is not binding

Answer 5

Per incuriam as seen in morelle v wakeling

Question 6

Give an example of a famous binding decision

Answer 6

R v Howe - duress is not a defence to murder

Question 7

A judge makes a speech deciding the case which is recorded what is the know as

Answer 7

The judgement

Question 8

What must the judge do in his judgement

Answer 8

Explain the law and give a reason for his judgement

Question 9

There are two parts of the judgement what are they

Answer 9

Ratio decindendi

Orbiter dicter

Question 10

What is the ratio

Answer 10

The reason for the decision and the facts of the case

Question 11

Is the ratio binding

Answer 11

Yes

Question 12

Can there be more than one ratio

Answer 12

Yes in courts there can be more than one judge e.g. C of A 3 judges leading to multiple ratios

Question 13

When can a single judge give more than one reason for their decision

Answer 13

If the case involves a number of points of law

Question 14

What is the second part of the judgement.

Answer 14

Orbiter

Question 15

What is the obiter

Answer 15

The other things said

Question 16

What does the obiter indicate

Answer 16

What should happen if the facts of the case Are different

Question 17

Is the obiter binding

Answer 17

No

Question 18

An example of obiter

Answer 18

R v Howe : duress is not a defence to attempted murder

Question 19

Which case followed the obiter of r v Howe

Answer 19

R v gotts

Question 20

Which courts have particularly persuasive obiter

Answer 20

Supreme and privy council

Question 21

What is the privy council

Answer 21

Deals with appeals from commonwealth countries

Question 22

Is the privy council binding

Answer 22

No because not part of the English legal system but it is persuasive

Question 23

Which case was persuaded by the privy council and went against a HL judgement

Answer 23

C or A criminal followed r v Holley in Karimi v James

Question 24

What is persuasive precedent

Answer 24

A precedent a judge can consider but can then chose he correct principle

Question 25

Foreign courts may be persuasive especially in the common wealth give example

Answer 25

Re A followed foreign ruling

Question 26

Dissenting judgements from appellate courts can be persuasive give case

Answer 26

Chandler v Christmas

Question 27

The divisons of the court of appeal are an example of being persuasive on each other give a case

Answer 27

R v Ireland and r v Barstow

Question 28

What is original precedent

Answer 28

Involves acing of law that has never been decide before

Question 29

When decided it is original and binding precedent give a case

Answer 29

Re S : refusal of medical treatment

Question 30

Original precedent form the basis of the development of new legal principles give a case

Answer 30

Donoghue v Stevenson (snail) where the principles where followed in grant v Australian knitting mills where the duty of care was expanded in grant