judicial precedent- law making

Question 1

‘stare decises’

Answer 1

. means ‘stand by what has already been decided and do not unsettle the established’
. decisions in court- interpret parliamentary law or decide a rule where there is no parliamentary law in place on matter
>reported- later similar cases follow
. supports faines

Question 2

judicial precedent

Answer 2

. major source law, known as case/common law
. source of law where past decisions of judges create law for future judges to follow
. level of court is important when considering whether other judges have to follow it

Question 3

‘ratio decidendi’

Answer 3

. means ‘reasons for the decision’
. most important for judges
. creates precedent for future judges to follow- legal principle of case
. facts of case, arguments (pros/cons), reasons for conclusion

Question 4

‘obita dicta’

Answer 4

. means ‘other things said’
. could include: speculation on what decision would be if facts of case were different, hypothetical situation+legal reasoning
. importance of obit dicta- doesn’t create precedent, doesn’t have to be followed by other judges

Question 5

problem when looking at past judgement

Answer 5

. distinguishing between ratio from the obit dicta- no specific headings

Question 6

R v Howe 1987

Answer 6

. under duress- worked under orders
. defence of duress should not be available to one who attempts murder

Question 7

civil court hierarchy

Answer 7

. Supreme Court, c/a, divisional courts, high court, county court

Question 8

criminal court hierarchy

Answer 8

. supreme court, c/a, crown court, king’s bench divisional court, magistrates court