judicial precedent flashcards

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1
Q

what is judicial precedent?

A

case law/judge made law

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2
Q

what is judicial precedent based on?

A

the principle of stare decisis

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3
Q

what is stare decisis?

A

to stand by what has been decided/let similar cases be decided in a similar way

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4
Q

what is a precedent?

A

precedents are decisions made on a point of law by senior courts that must be followed by lower courts

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5
Q

what is the order of hierarchy in civil?

A

-supreme court
-court of appeal
-divisional court (chancery and family)
-high court
-county court

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6
Q

what is the order of hierarchy in criminal?

A

-supreme court
-court of appeal
-divisional court (kings bench)
-crown court
-mags court

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7
Q

what are law reports?

A

decisions made by judges at the end of a case

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8
Q

what are 3 ways that the judgement is split?

A

-ratio decidendi
-obiter dicta
-verdict

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9
Q

what does ratio decidendi mean?

A

reason for deciding

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10
Q

what does obiter dicta mean?

A

other things said

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11
Q

what kind of precedent is ratio decidendi? what is the case for this?

A

-binding precedent
-R v Howe

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12
Q

what kind of precedent is obiter dicta? what is the case for this?

A

-persuasive precedent
-R v Gotts

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13
Q

what are the 3 types of precedent?

A

-binding precedent
-persuasive precedent
-original precedent

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14
Q

what is an original precedent? what is the case example?

A

-judges decision on a brand new point of law
-donoghue v stevenson (created negligence)

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15
Q

what is a binding precedent? what is the case for this?

A

-the ratio decidendi of a ase must be followed in the next case in a lower court
-Grant v Australian Knitting Mills

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16
Q

what is a persuasive precedent? what is the case for this?

A

-a decision from court that lower courts do not have to follow but can if they want
-R v R

17
Q

what is the source of persuasive precedent?

A

ratio decidendi of lower courts

18
Q

what are the sources of persuasive precedents?

A

-ratio decidendi of lower courts
-privy council decisions
-obiter dicta
-dissenting judgements
-decisions in other countries

19
Q

what does London street tramways v london county council say?

A

that the house of lords (supreme court) is bound by its own decisions, to ensure certainty in law

20
Q

what does the practice statement 1966 say?

A

that the supreme court can overrule past decisions ‘when is appears right to do so’

21
Q

what does Jones v Sec. of state for social services say

A

certainty is the most important feature of a precedent

22
Q

which cases were the first major use of the practice statement in a civil case?

A

Herrington v Brb overruled Addie v Dumbreck

23
Q

what did Addie v Dumbreck set out?

A

that the court realised it needed to update the law

24
Q

what cases were the first major use of the practice statement in a criminal case?

A

R v Shivpuri overruled Anderton v Ryan

25
Q

what did Anderton v Ryan set out?

A

the court realised it needed to correct the law

26
Q

who are the civil and criminal courts bound by?

A

they are not bound by each other, however they are bound by themselves

27
Q

what are the 3 exceptions of the courts being bound by themselves? what is the case for this?

A

-Young v Bristol Aeroplane Co
-1 two conflicting court of appeal precedents
-2 later conflicting supreme court precedent
-3 precedent made per incuriam

28
Q

what is the one additional rule for exceptions of the courts being bound by themselves but only in the criminal court?

A

-R v Taylor
-if the law has been ‘misapplied or misunderstood’

29
Q

what are the 3 ways of avoiding precedent?

A

-overruling
-distinguishing
-reversing

30
Q

what is overruling? what is the case for it?

A

-when a higher court decides that a precedent of an earlier case in a lower court on the same point of law is wrong or outdated
-r v shivpuri

31
Q

what is distinguishing? what is the case for it?

A

-when the court decides that the facts from an earlier case are so different that they are not bound by it
-balfour v balfour distinguishes merritt v merritt

32
Q

what is reversing? what is the case for it?

A

-a point. of law from a lower court goes to a higher court and the court decides to change it bc they think it is wrong
-r v hasan

33
Q
A