Judicial Precedent P1

Question 1

What is judicial precedent

Answer 1

The decision making process which is referred to as the binding doctrine of precedents
(Where past decisions of judges create law for future judges to follow)

Question 2

What were the facts and out come if Donoghue V Stevenson (1932)

Answer 2

2 friends visited a cafe one drank ginger beer, once finished a decomposed snail fell out. Woman fell I’ll and sues manufacturer

Successful sue

Question 3

What case was used in Daniels V White (1938) even though the cases were slightly different

Answer 3

Donoghue v Stevenson (1932)

Question 4

How many different types of precedent are there

Answer 4

3

Question 5

What is the first type of precedent and what does it mean

Answer 5

Original precedent
Court is faced with a decision that has never been faced before

Question 6

What is the second type of precedent and what does it mean

Answer 6

A binding precedent
Decision from other cases that must be followed

Question 7

What is the last kind of precedent and what does it mean

Answer 7

A persuasive precedent
Case which is helpful to the courts but does not have to be followed

Question 8

What court does a persuasive precedent happen

Answer 8

Courts of appeal

Question 9

Is a ratio decidendi binding

Answer 9

Yes

Question 10

Is an obiter dicta binding

Answer 10

No

Question 11

If majority of judges hearing a case disagree with the decision…

Answer 11

It forms a persuasive precedent

Question 12

What is the highest court in England

Answer 12

Supreme court

Question 13

What kind of precedent does the Supreme Court set

Answer 13

Binding precedents - all other English courts are bound by it

Question 14

Which case showed that the Supreme Court would always follow its own past decisions

Answer 14

London street tramways Co Ltd V London County Council (1898)

Question 15

If cases were different in decisions what would it do

Answer 15

Make it difficult for people to know what the law is

Question 16

What is the 1966 Practice Direction

Answer 16

It gives the HoL the right to ‘depart from previous decision when it appears right to do so’

Question 17

Which case is an example of the courts using 1966 Practice Direction

Answer 17

R V R (marital rape)
Overturned the legal principle as societies views had changed

Question 18

On the case of Addie V Dumbreck (1929) was the Practice Direction used or not

Answer 18

Practice Direction not used

Question 19

In the case of Herrington V British RailwaysBoard (1972) what changed between this case and Addie V Dumbreck (1929)

Answer 19

Practice Direction used
HOL held that ‘a common duty of humanity was owed when their presence was known when trespassing’

Question 20

In the case of Lynch V DPP for Northern Ireland (1975) was Practice Direction used or not and what plea was used

Answer 20

Practise Direction not used
Plea the defence of duress was allowed by the courts

Question 21

Which case with similar facts to Lynch V DPP was not allowed the defence of duress and the Practice Direction was used

Answer 21

R V Howe (1987)

Question 22

What court is below the Supreme Court

Answer 22

The courts of appeal

Question 23

Are the civil and criminal courts split or not in the courts of appeal and who are they bound by

Answer 23

Split
Bound by the Supreme Court

Question 24

Which case said that the courts of appeal - civil division is usually bound by own decision

Answer 24

Young V Bristol Aeroplane Co Ltd (1944)

Question 25

How many exception are there to Youngs statement of the civil division in the court of appeal usually being bound by its own decision

Answer 25

3 exceptions

Question 26

What is the first exception to the Young V Bristol Aeroplane CoLtd (1944)

Answer 26

The courts decisions conflict with a later Supreme Court decision the court of appeal must ignore there’s and go with the supreme

Question 27

What is the second exception to Young

Answer 27

Where two previous decisions of the court of appeal conflict them must go with the one of best fit

Question 28

What is the last exception to Young

Answer 28

When the previous decision was made pre incurium (in error) the court can avoid it

Question 29

Which case showed the criminal division is more flexible and does not follow previous decisions where doing so would cause an injustice

Answer 29

R V Gould (1968)

Question 30

What court is under the courts of appeal

Answer 30

High court

Question 31

What two courts is the high court split into and what courts are they bound by

Answer 31

Divisional court
Ordinary high court
Both bound by court of appeal

Question 32

Which court binds which in the high court

Answer 32

The divisional binds ordinary high court

Question 33

Which court is not bound by its own previous decisions in the high court

Answer 33

Ordinary high court

Question 34

What court is below the high court

Answer 34

Crown court

Question 35

What courts are the crown court bound by and does it form binding precedents

Answer 35

All court above and it does not form binding precedent

Question 36

What are the lowest courts

Answer 36

Magistrates and county courts

Question 37

What is obiter dicta

Answer 37

Other things said

Question 38

What is a ratio decidendi

Answer 38

Legal reasons for deciding

Question 39

Is an obiter dicta binding

Answer 39

No

Question 40

What are the three essential things for judicial precedent

Answer 40

Clearly defined court hierarchy
A legal reason for the case decision
Reliable law reports

Question 41

Who brought in law reports and when

Answer 41

1865 incorporate council of law Reporting

Question 42

Why is it important to have accurate and reliable law reports

Answer 42

It allows cases to be used as precedent in later cases
Contains accurate and clear reasons for deciding
Everyone can access them
Summarised versions
If not then the law and decision would be unclear

Question 43

What are the 3 ways to avoid judicial precedent

Answer 43

1966 Practice Direction
Distinguishing
Overruling

Question 44

What is distinguishing

Answer 44

When the material facts of the case he is deciding are sufficiently different for him to draw a distinction between the present and previous case therefore it is not bound by the previous decision

Question 45

What case said that the agreement between the husband and wife was purely social and domestic agreement. Presume parties did not intent to be legally bound

Answer 45

Balfour V Balfour (1919)

Question 46

Which case distinguished Balfour V Balfour on the grounds that they were separate and in this case they had a written agreement

Answer 46

Merrit V Merrit (1971)

Question 47

What was the ratio of R V Brown (and others) (1993)

Answer 47

Defence of consent cannot be relied on in offences under S47 OAPA and S20 1861 where injuries resulted from sadomasochist activities

Question 48

Which case distinguished R V Brown (1993) and give a brief description of the ratio

Answer 48

R V Wilson (1996)
Wife’s consent was valid. Branding was more a kin to tattooing rather than inflicting pain for sexual gratification. Activities between husband and wife stay in the privacy of the marital home

Question 49

What is overruling

Answer 49

Used when a legal decision in an earlier case is wrong legally