Judicial Precedent Flashcards
(23 cards)
ratio decidendi
the reason for the decision
features of ratio decidendi
binding- must follow
each judge gives a ratio so there might be more than 1 ratio
obiter dicta
other comments made by the judges about the case
features of obiter dicta
not binding- so dot have to follow
when a judge follows an obiter it becomes a ratio
hierarchy of courts (highest to lowest)
European courts supreme court court of appeal high court crown, county, magistrates court & tribunals
types of precedents
- binding
- original
- persuasive
binding precedents
a law that must be followed, is created by a higher court for a lower court to follow, the ratio decidendi
original precedents
a point of law involved within a case is unique and has not been considered before
persuasive precedents
- decisions from other courts
- obiter dicta
- lower courts
- decisions from the privy council
- dissenting judgement
decisions from other courts
uses the same ideas of common law as in our system. applied in common wealth like fire arms
obiter dicta
a defence to a criminal charge
lower court
where the house of lords agreed with and followed the reasoning as courts of appeal
decisions from the privy council
decided the binding the judgements of the privy council are treated with respect. remoteness of damages in law
dissenting judgements
when a case has be decided by a majority of judges, they’ll explain their reasoning
avoiding a binding precedent
distinguishing
reversing
overruling
distinguishing precedent
a when a judge finds differences between the facts of their case a previous case so they come up with a different outcome
reversing precedent
an appeal court overturns a decision of a lower court, higher courts are able to reverse an incorrect decision of an inferior court
overruling precedent
a court overturns the precedent of same level or lower court
stare decisis
“let the previous decision stand”
court hierarchy
law reports
ratio
court hierarchy
higher the court, the more courts they can overrule. a lower court cannot overrule a higher court- they must follow whats been set
law report
cases get written down after the final decision. to get a ratio decidendi and obiter dicta
ratio
judges give a decision, those who disagree must give a reason on their opinion
overruling a court of appeal
they create binding precedent for all the courts below, however each decision of the court of appeal does not bind each other
