Judicial Precedent

Question 1

ratio decidendi

Answer 1

the reason for the decision

Question 2

features of ratio decidendi

Answer 2

binding- must follow

each judge gives a ratio so there might be more than 1 ratio

Question 3

obiter dicta

Answer 3

other comments made by the judges about the case

Question 4

features of obiter dicta

Answer 4

not binding- so dot have to follow

when a judge follows an obiter it becomes a ratio

Question 5

hierarchy of courts (highest to lowest)

Answer 5

European courts
supreme court
court of appeal
high court
crown, county, magistrates court & tribunals

Question 6

types of precedents

Answer 6

• binding
• original
• persuasive

Question 7

binding precedents

Answer 7

a law that must be followed, is created by a higher court for a lower court to follow, the ratio decidendi

Question 8

original precedents

Answer 8

a point of law involved within a case is unique and has not been considered before

Question 9

persuasive precedents

Answer 9

• decisions from other courts
• obiter dicta
• lower courts
• decisions from the privy council
• dissenting judgement

Question 10

decisions from other courts

Answer 10

uses the same ideas of common law as in our system. applied in common wealth like fire arms

Question 11

obiter dicta

Answer 11

a defence to a criminal charge

Question 12

lower court

Answer 12

where the house of lords agreed with and followed the reasoning as courts of appeal

Question 13

decisions from the privy council

Answer 13

decided the binding the judgements of the privy council are treated with respect. remoteness of damages in law

Question 14

dissenting judgements

Answer 14

when a case has be decided by a majority of judges, they’ll explain their reasoning

Question 15

avoiding a binding precedent

Answer 15

distinguishing
reversing
overruling

Question 16

distinguishing precedent

Answer 16

a when a judge finds differences between the facts of their case a previous case so they come up with a different outcome

Question 17

reversing precedent

Answer 17

an appeal court overturns a decision of a lower court, higher courts are able to reverse an incorrect decision of an inferior court

Question 18

overruling precedent

Answer 18

a court overturns the precedent of same level or lower court

Question 19

stare decisis

Answer 19

“let the previous decision stand”
court hierarchy
law reports
ratio

Question 20

court hierarchy

Answer 20

higher the court, the more courts they can overrule. a lower court cannot overrule a higher court- they must follow whats been set

Question 21

law report

Answer 21

cases get written down after the final decision. to get a ratio decidendi and obiter dicta

Question 22

ratio

Answer 22

judges give a decision, those who disagree must give a reason on their opinion

Question 23

overruling a court of appeal

Answer 23

they create binding precedent for all the courts below, however each decision of the court of appeal does not bind each other