Judicial precedent Flashcards
What is an Obiter Dicta?
Other things said “by the way”
What is the definition of judicial precedent?
Following the rule set by a high level court in a previous case with the same material facts
What is the key principle of judicial precedent?
Stare Decisis
What does Stare Decisis mean?
To stand by a decision
What happened in the case of “Hunter v Canary Wharf”?
A woman couldn’t get TV signal after Canary Wharf was built. The judge used an analogy of a similar case about someone who couldn’t get light through their window. He ruled that the woman couldn’t sue, because the woman in his analogy couldn’t sue and they had the same material facts
When can judges make statutes?
When a case covers an area of law where there are no statutes yet
What happened in the case of Donoghue v Stevenson?
The law was changed so the consumer had the right to sue the seller instead of just the buyer
What happened in the case of Ross v Canters?
A similar case to Donoghue v Stenenson, but involving wills. It incorporated the same ideas where a daughter could sue the solicitor in charge of her father’s will.
Which is binding, Obiter Dicta or Ratio Decidendi?
Ratio Decidendi
Which can be used as persuasive precedent, Obiter Dicta or Ratio Decidendi?
Obiter Dicta
What are the two types of precedent?
+ Binding
+ Persuasive
What is Binding Precedent?
This is precedent from a previous case which must be followed in a later case
What is Persuasive Precedent?
Not binding, but a respective view that can be taken into account when deciding things in later cases
Precedent is binding if:
+ There is a reported Ratio Decidendi to follow
+ The decision is made by a higher or equal court
+ The material facts of the earlier case must be the same
What happened in the case of Howe 1987?
Someone was told to murder someone or they were threatened. In court they pleaded duress as a defence against murder. The judge ruled duress wasn’t a good enough reason.
