JUDICIAL PRECEDENT

Question 1

Ratio

Answer 1

Legal reasoning for the decision

Question 2

Case that goes with ratio

Answer 2

R v Bentham

Question 3

R v Bentham

Answer 3

A man robbed his former employer. He held his hands inside his jacket and give the impression he had a gun. He was convicted and on appeal the court had to decide whether he was guilty of possessing an imitation fire arm. They decided he couldn’t as lord Bingham said ‘one cannot possess something that is separate from ones self’ this is the legal reasoning. Bentham won his appeal

Question 4

Obiter dicta

Answer 4

Other things said, after the ratios been decided

Question 5

Case that’s famous for its obiter

Answer 5

Donoghue v Stevenson

Question 6

Donoghue v Stevenson

Answer 6

Case become famous for its obiter from lord atkin. He tried to set out a general rule which could be used to establish the existence of a duty of care in negligence rather than sticking to a narrow range of existing duty situations. He referred to ‘love thy neighbour’

Question 7

Obiter dicta is found in the

Answer 7

Non binding part of a judgement, but can be followed

Question 8

Case that followed another because of its obiter

Answer 8

R V gotts followed the obiter in r v Howe.
R v Howe was a murder case, the obiter was ‘the defence of duress should not be available to those who attempt murder’
R v gotts followed . A 16 year old ordered by his dad to kill his mam otherwise he’d shoot him. He pleaded guilty and appealed the judges rules , appeal was dismissed and conviction upheld

Question 9

Privy council

Answer 9

Doesn’t bind any court, however because it’s made up of senior judges some of its decisions made are very persuasive and can be followed

Question 10

Example of a case for privy council

Answer 10

Attorney general for jersey v Holley

Question 11

Attorney general for jersey v Holley

Answer 11

Both alcoholics and violent. He’d been in prison for violence she didn’t want to be with him any more. They still lived together and argued a lot. She admitted to sleeping with another man and he killed her with An axe. He tried to rely on his alcoholism and depression, but jury convicted him of murder. Defendant appealed to court of appeal who quashed conviction and ordered a retrial and got convicted of manslaughter

Question 12

Case that followed attorney general for jersey v Holley

Answer 12

R v James and karimi

Should have followed r v smith, but didn’t agree with it and were persuaded by attorney

Question 13

R v smith

Answer 13

Murder. Took into account his mental illnesses

Question 14

R v James and karimi

Answer 14

Followed decision in attorney general instead of r v smith when they shouldn’t have but we’re persuaded by attorney and didn’t agree with smith

Question 15

What was the Supreme Court previously called

Answer 15

House of Lords

Question 16

Supreme Court powers

Answer 16

Binds all courts below, generally bound by itself unless they use the practise statement

Question 17

Court of appeal powers

Answer 17

Below the Supreme, binds all courts below it. Bound bu it’s own previous decisions, and Supreme Court. However the two divisions of the court of appeal do not bind each other

Question 18

High court powers

Answer 18

Bound by the Supreme and court of appeal and binds all inferior courts below it

Question 19

Inferior courts

Answer 19

Crown, county and magistrates. Bound by all courts above it. They don’t usually produce precedent and don’t generally bind each other