judicial precendent Flashcards
what is ratio decidendi
‘The reason for deciding ‘
- Part of the judgement and forms precedent for future cases - BINDING
what is judgement
a speech - judge will give a summary / facts and review arguments
in which cases is it harder to receive judgement
Appeal cases - more than one ratio decidendi as there’s loads of opinions
case for Ratio decidendi
R v Howe - House of Lords decided the defence of duress - not available to charge of murder
what is obiter dicta
‘other things said’ - NOT BOUNDING - speculate on different outcomes if the facts were different
key case for Obiter dicta
R V Gotts - House of Lords followed Obiter dicta in R V Howe
binding precedent
decision in a early cases and a higher court MUST be followed in later ones
Original precedent
used when a point of law has never been considered before - Normal doctrine of judicial precedent cannot apply as no precedent to follow - seen in Donoughu V Stevenson
what is stare decisis
decision in a early case stands as guidance for future ones
persuasive precedent
doesn’t have to be followed in later cases but judges may decide to
what is overruling
a court in a later case states the precedent decided in a earlier one is wrong so the higher court overrules the lower one
what is reversing
higher court in an appeal overturns decision of lower court
what is reversing
higher court in an appeal overturns decision of lower court
Distinguishing
method used by a judge to avoid following past decision - allows distinction to be made between past and previous case
key case for overruling ?
pepper v hart
facts private school teacher - taxes should be cut - hansard used to come to a conclusion
key case for reversing?
Gillick V Compentence
facts
Key case for distinguishing?
R V Brown
ruled consent to injury is not a offence for bodily harm
what courts do not create precedent
County and magistrates
court of appeal - do the decisions bind one another ?
decisions by one division does not bind other HOWEVER - Previous decisions are binding on later ones —— Young v Bristol areoplanes
what exceptions dis Young V Bristol aeroplane set out allowing the civil division of court of appeal to depart from a previous decision
1 - there are conflicting decisions in the past court - court decides which to follow
2 - there is a decision of the Supreme Court which autonmatically overrules
3 - decision was made by mistake or carelessly
pepper v hart
The ruling in Pepper v Hart relaxed the exclusionary rule, adding to a series of situations where external material can be utilised in statutory interpretation.
Donoghue V Stevenson
facts - women found a decomposed snail in her ginger beer in a cafe - claimed against the manufacturer
courts ruled the manufacturer owed a duty of care - established the neighbour priciple
advantage
- provides certainty in the law as cases with similar facts are bound on past decisions - provides idea on how the case will be decided
disadvantage
rule can remain in place for a long Time even if its outdated - as change requires a case to come to a higher appeal courts before new rule can come about
