Judicial Precedent

Question 1

State decisis means

Answer 1

Stand by what has been decided

Question 2

Ratio decidendi means

Answer 2

Reason for deciding

Question 3

Obiter dicta means

Answer 3

Other things said

Question 4

Binding precedent means

Answer 4

A previous decision which has to be followed

Question 5

Persuasive precedent is

Answer 5

A previous decision which does not have to be followed

Question 6

Original precedent is

Answer 6

A decision in a case where there is no previous legal decision or law for the judge to use

Question 7

Distinguishing means

Answer 7

A method of avoiding a previous decision because facts in the present case are different

Question 8

Overruling means

Answer 8

A decision where states that a legal rule in an earlier case is wrong

Question 9

Reversing means

Answer 9

Where a higher court In the same case overturns the decision of the lower court
Only happens in appeals

Question 10

5 advantages of precedent

Answer 10

Certainty 
Consistency and fairness in law
Precision
Flexibility 
Time saving

Question 11

4 disadvantages of precedent

Answer 11

Rigidity
Complexity
Illogical distinctions
Slowness of growth

Question 12

Judicial precedent refers to

Answer 12

Source of law where past decisions of judges create laws for future judges

Question 13

Doctrine of precedent means

Answer 13

Judges following decisions of previous cases

Question 14

3 judgments

Answer 14

Stare decisis
Ratio decidendi
Obiter dicta

Question 15

In stare decisis you

Answer 15

Follow the decision of previous case

Question 16

Ratio decidendi includes

Answer 16

Speech by judge
Explain reasons
Explain principle of law
Creates precedent for judges to follow in future cases

Question 17

How many end judgements can there be

Answer 17

More than one depending on how many judges

Courts of first instance only 1

Question 18

Ratio decidendi is the thing that

Answer 18

Forms a precedent

Question 19

In obiter dicta the judge can

Answer 19

Speculate on what decision would have been if facts were different
Not binding

Question 20

Order of civil courts low to high

Answer 20

County
High
Divisional
Court of appeal
Supreme
Court of justice of European Union

Question 21

Order of criminal courts low to high

Answer 21

Magistrates 
Crown 
Queens bench divisional 
Court of appeal
Supreme

Question 22

Appellate courts are

Answer 22

Those that hear appeals

Question 23

4 appellete courts

Answer 23

European Union
Supreme
Court of appeal
Divisional