judicial precedent

Question 1

what is persuasive precedent

Answer 1

a decision which doesn’t have to be followed by later cases , but which a judge may decide to follow

Question 2

decision of courts in other countries

Answer 2

where the other country uses the same ideas of common law as in our system . australia , canada, new zeeland

Question 3

what is the hierarchy of the courts that have power to create precedents

Answer 3

EU COURT OF JUSTICE

SUPREME COURT

COURT OF APPEAL

DIVISIONAL COURTS

Question 4

which are the appelant courts

Answer 4

supreme court
court of appeal
divisional courts

Question 5

what is the doctrine of precedent

Answer 5

following the decision of previous cases , especially of higher courts.

Question 6

what is original precedent

Answer 6

a decision on a point of law that has never been decided before

Question 7

binding precedent

Answer 7

a decision in an earlier case which must be followed in later case

Question 8

what is persuasive precedent

Answer 8

a decision which does not have to be followed by later cases, but which a judge may decide to follow

Question 9

what are statements obiter dicta

Answer 9

statements made in a judgement that were not part of the point of law in deciding the case

Question 10

example of statements obiter dicta

Answer 10

R v Howe 1987 ruled that duress could not be a defence to a charge of murder

Question 11

what is a dissenting judgement

Answer 11

a judgement given by a judge who disagrees with the reasoning of the majority of judges in the case

Question 12

how does the hierarchy actually works

Answer 12

every court is bound to follow any decision made by a court above it in the hierarchy
in general, appellate courts are bound by their own past decision

Question 13

civil cases

Answer 13

supreme court

• court of appeal
• divisional court
• high court
• county court
• magistrate’s court

Question 14

criminal cases

Answer 14

supreme court

• court of appeal
• queen’s bench division
• crown court
• magistrate’s court

Question 15

supreme court

Answer 15

its decision bind all other courts in the english legal system
its not bound by its own past decision

Question 16

court of appeal

Answer 16

civiland criminal division
bound by the supreme court
usually bound by its own decision

Question 17

courts of first instance

Answer 17

any courts where the original trial of a case is held

Question 18

what happened in 1966

Answer 18

the lord chancellor issued a Practice Statement

Question 19

use of the practice statement

Answer 19

conway v rimmer(1968)
herrington v British railway board (1972)
jones v secretary of state for social service (1972)
knuller ltd v dpp
miliangos v george frank
pepper v hart

Question 20

what is the practice statement

Answer 20

It allows the House of Lords to depart from a previous decision where it appears right to do so

Question 21

What were the first case to be overruled and what was the earlier case Ex:1

Answer 21

1) British Railway Board v Harrington(1972) overruled Addie v Dumbreck(1929)
2) R V Shivpuri(1986) overruled Anderton v Ryan (1985)
3) R v G(2003) overruled MPC V Caldwell(1982)
4) Austin v London Brough of Southwalk(2010) overruled Brent London Council v Knightley (1997)

Question 22

By who is bound the court of appeal

Answer 22

The Court of Appeal is bound by judgments from the ECJ, the House of Lords and Supreme Court

Question 23

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Answer 23

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