Judicial Precedent - Judgements and Types of Precedent

Question 1

What are the 4 parts of a judgement?

Answer 1

1) Facts of the Case
2) Ratio
3) Obiter
4) Certified Question

Question 2

What is Ratio Decidendi?

Answer 2

The reason for the decision

Balfour V Balfour - agreement not legally binding because at the time the parties were happily married

Question 3

What is Obiter Dicta?

Answer 3

Other things said
Hill V Baxter - D fell unconscious whilst driving - if you are in the driving seat it is presumed you are driving unless evidence to the contrary - Epileptic Fit, Coma, attack by swarm of bees etc.

Question 4

What are the 3 types of Precedent?

Answer 4

1) Binding
2) Original
3) Persuassive

Question 5

What type of Precedent is Ratio?

Answer 5

Binding Precedent

Question 6

What type of Precedent is Obiter?

Answer 6

Persuasive Precedent

Question 7

What is an original precedent?

Answer 7

A point of law that has never been decided before and judges create precedent for future cases

Question 8

What are the 5 types of Persuasive Precedent?

Answer 8

1) Lower Courts
2) Dissenting Judgement
3) Decisions of Judicial Committee of Privy Council
4) Obiter
5) Foreign Rulings

Question 9

What 3 methods does a judge have to avoid precedent

Answer 9

1) Overrule - Pepper V Hart
2) Reverse - R V Woollin
3) Distinguish - Merritt V Merritt

Question 10

What can the Supreme Court use to overrule a previous decision?

Answer 10

The 1966 Practice Statement

Question 11

What case was overruled and why in R V Shivpuri?

Answer 11

Anderton V Ryan - Mistake in the interpretation of the Attempts Act