Judicial Precedent - Paper 2 Flashcards
Define ‘stare decisis’
“Let the decision stand”. It means to follow previous rulings.
Define ratio decidendi:
It is the binding part of a judge’s decision that must be followed.
Define obiter dicta:
The influential part of the judges decision that may be followed.
Name the 3 types of precedent:
1) Binding
2) Persuasive
3) Novel
Why is ratio decidendi important?
It forms the essential legal reasoning behind a judges ruling.
Why is obiter dicta important?
Due to it not being legally binding, it can be persuasive in similar cases.
Name the case study for ratio decidendi:
Donoghue V Stevenson
Name the case studies for obiter dicta:
R V Howe and R V Gotts
What are the 5 types of persuasive precedent?
- Obiter dicta
- Dissenting
- Decisions of lower courts
- Decisions of foreign courts
- Privy council decisions
Name the case study for original precedent:
Hunter V Canary Wharf
Give 2 facts about the Supreme court (its positioning and its role)
1 - It is the highest court in the UK
2 - It binds all courts below it and has the final say in cases concerning UK law
What caused the change in practise for the supreme court?
Lord Gardiners practice statement
Which two courts are bound by the courts above them and usually themselves?
The court of appeal and the high court
Give the case study for the court of appeal and the high court:
Young V Bristol Aeroplane
Name the three instances that the Court of appeal and the high court can depart from their own decisions:
- When its own decisions conflict
- When a decision contradicts the decision of the supreme court
- When a decision is made per incuriam
