judicial precedent flashcards
what is judicial precedent?
case law/judge made law
what is judicial precedent based on?
the principle of stare decisis
what is stare decisis?
to stand by what has been decided/let similar cases be decided in a similar way
what is a precedent?
precedents are decisions made on a point of law by senior courts that must be followed by lower courts
what is the order of hierarchy in civil?
-supreme court
-court of appeal
-divisional court (chancery and family)
-high court
-county court
what is the order of hierarchy in criminal?
-supreme court
-court of appeal
-divisional court (kings bench)
-crown court
-mags court
what are law reports?
decisions made by judges at the end of a case
what are 3 ways that the judgement is split?
-ratio decidendi
-obiter dicta
-verdict
what does ratio decidendi mean?
reason for deciding
what does obiter dicta mean?
other things said
what kind of precedent is ratio decidendi? what is the case for this?
-binding precedent
-R v Howe
what kind of precedent is obiter dicta? what is the case for this?
-persuasive precedent
-R v Gotts
what are the 3 types of precedent?
-binding precedent
-persuasive precedent
-original precedent
what is an original precedent? what is the case example?
-judges decision on a brand new point of law
-donoghue v stevenson (created negligence)
what is a binding precedent? what is the case for this?
-the ratio decidendi of a case must be followed in the next case in a lower court
-Grant v Australian Knitting Mills