judicial precedents Flashcards

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1
Q

What is common law and give an example of when this would be used

A

Judge made laws

-When there is no legislation relevant to the case

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2
Q

What is the doctrine of precedent

A

A rule which judges must follow due to past cases

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3
Q

What is the hierarchy of criminal courts

A

Criminal law

-Supreme court followed by court of appeal with magistrates at the bottom

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4
Q

What is the hierarchy of civil courts

A

Civil law

- European court of justice followed by supreme courts and magistrates

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5
Q

The European court of justice

A

Get their authority not just from the English law but also from members of the EU

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6
Q

What is certainty

A

If law lords don’t follow common law, it could create uncertainty. Therefore the strict law of precedent avoids uncertainty as lawyers would be aware of the precedents

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7
Q

What is flexibility

A

When the law has not been changed fast enough, which could create a unjust result.

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8
Q

The 1966 practice statement

A

This indicated although house of lord preferred certainty , the practise statement suggested there should be some flexibility.
Issued by Lord Chancellor which allowed house of lords to avoid earlier decisions when appropriate

5

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9
Q

Exceptions to court of appeal being bound by their own decision

A
  • conflicting CoA decisions which allows judges to choose which past decision to follow
  • supreme court/ HoL overrule their decision
  • Past decision did not follow precedent. Per incarium
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10
Q

What was the humans right act 1988

A

Act give all courts freedom to ignore precedent when deciding points about human rights

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11
Q

Ratio Decidendi

A

the necessary steps taken when making a legal decision and the reason to why the decision was made.

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12
Q

Obiter Dicta

A

when there is no necessary law relevant to the case when making a judgement

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13
Q

What is original precedent

A

a new precedent where the law has no relevant legislation to the case

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14
Q

What is overruling

A

Overruling is when court is asked to examine wether precedents created by lower courts is correct

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15
Q

reversing

A

reversing is when the CoA have to ‘reverse’ incorrect decisions

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16
Q

What is disapproving

A

This is not an attempt to avoid precedent however they will make it clear they disapprove of it for the future