Judicial Precedent not done

Question 1

Stare decisis

Answer 1

Stand by what has been decided

Courts should follow previous case law

Question 2

What does stare decisis depend on

Answer 2

Hierarchy of courts

Law Reprting

Question 3

Hierarchy of courts system

Answer 3

Every court follows the decisions of the court above it

Appellate courts are bound by previous decisions

Question 4

Higher courts create binding precedent. Lower courts…

Answer 4

Create persuasive persuasive

Question 5

CJEU

Answer 5

CJEU is the highest court in the hierarchy

Created binding precedent for all European law

CJEU can overrule its own decisions

Question 6

The Supreme Court

Answer 6

Senior court in the uk

Does not follow its own decisions

Question 7

Court of appeal

Answer 7

Forms binding precedent

Bound by SC

Mainly has to follow own decision

Question 8

The divisional courts

Answer 8

QBD, Chancery, Family

Bound by higher courts

Usually bind themselves

Create binding precedent

Question 9

High court

Answer 9

Bound by all courts above and binds all lower courts

Don’t have to follow past decisions but typically do

Question 10

Inferior courts

Answer 10

Crown, County, Magistrates courts are bound by higher courts

Create persuasive precedent

Question 11

Law reports are what?

Answer 11

Compilations produced annually containing case law judgements

Recent case judgements are also available in newspapers and the internet

Question 12

Types of Precedent (BOP)

Answer 12

Binding
Original
Persuasive

Question 13

How is BP created

Answer 13

End of the case there is a judgement made by the judge. Gives decision and reasons for

Question 14

What is included in the speech after a judgement is made

Answer 14

Summary of fact
Argument review
Principle of law used
The decision

Question 15

Ratio Decidendi

Answer 15

Judges reason for decision. Concise 9 line statement. This decides the BP

Question 16

When is a ratio decidendi followed

Answer 16

Simillar case facts
Cases can have more than one BP
Sometime the orbiter dicta of one case can develop into the ratio decidendi of another

Question 17

Ratio decidendi

Answer 17

Decisions made by the way
Judge explains rationale behind decision and how the outcome may have differed with different case facts

Can become BP if picked up in a later case

Usually happens with higher courts due to the high level judges say there

Question 18

Original precedent

Answer 18

When the point of law is unique and not been considered yet

Judge must create a new decision

This way of judging is called REASONING BY ANALOGY

Mainly due to terminology changes or modern developments

Rarer now as more acts have been made. Good to be rare as judges don’t make law

Question 19

COLDP

Answer 19

Countries
Obiter 
Lower
Dissent 
Privy

Question 20

Other country decisions

Answer 20

Commonwealth country common law used.

Only used if we don’t already have the case law

RvBentham =UK case encouraged to look for guidance from other countries. Refused.

RvSloan = Canadian case

Question 21

Decisions of lower courts

Answer 21

Lower court decisions can be used for guidance.

SC looks at COA as judges are high level

Question 22

Dissenting Judgements

Answer 22

If case decided by a majority decision the judges who rule not in favour will give their reasons

If case goes onto appeal the court may be persuaded instead by the DO

Question 23

Decisions of the privy council

Answer 23

Rules on cases from the commonwealth and is not part of the UK so does not create binding precedent. As it consists of SC judges it’s decisions are highly persuasive

Question 24

D.R.O.P.ing a binding precedent

Answer 24

Distinguishing facts
Reversing
Overruling
Per Incuriam

Question 25

Distinguishing facts

Answer 25

A case is distinguished where the facts of the precedent and the facts of the current case are not the same.

Judge must find important difference between two cases

Question 26

Reversing

Answer 26

When a case goes on appeal and a higher court reversed the decision of lower courts.

For example, the court of appeal may disagree with the legal ruling of the high court and form a different view of the law

Court of appeal may reverse this previous decision

Question 27

Sweet v Parsley

Answer 27

Teacher discovers that students had been growing pot in her home that she let out to them.

Charged with being concerned with the management of premises which were being used for the purpose of smoking cannabis

HOL overturns decision