judicial precendent

Question 1

what is ratio decidendi

Answer 1

‘The reason for deciding ‘
- Part of the judgement and forms precedent for future cases - BINDING

Question 2

what is judgement

Answer 2

a speech - judge will give a summary / facts and review arguments

Question 3

in which cases is it harder to receive judgement

Answer 3

Appeal cases - more than one ratio decidendi as there’s loads of opinions

Question 4

case for Ratio decidendi

Answer 4

R v Howe - House of Lords decided the defence of duress - not available to charge of murder

Question 5

what is obiter dicta

Answer 5

‘other things said’ - NOT BOUNDING - speculate on different outcomes if the facts were different

Question 6

key case for Obiter dicta

Answer 6

R V Gotts - House of Lords followed Obiter dicta in R V Howe

Question 7

binding precedent

Answer 7

decision in a early cases and a higher court MUST be followed in later ones

Question 8

Original precedent

Answer 8

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

Question 9

what is stare decisis

Answer 9

decision in a early case stands as guidance for future ones

Question 10

persuasive precedent

Answer 10

doesn’t have to be followed in later cases but judges may decide to

Question 11

what is overruling

Answer 11

a court in a later case states the precedent decided in a earlier one is wrong so the higher court overrules the lower one

Question 12

what is reversing

Answer 12

higher court in an appeal overturns decision of lower court

Question 12

what is reversing

Answer 12

higher court in an appeal overturns decision of lower court

Question 13

Distinguishing

Answer 13

method used by a judge to avoid following past decision - allows distinction to be made between past and previous case

Question 14

key case for overruling ?

Answer 14

pepper v hart

facts private school teacher - taxes should be cut - hansard used to come to a conclusion

Question 15

key case for reversing?

Answer 15

Gillick V Compentence

facts

Question 16

Key case for distinguishing?

Answer 16

R V Brown

ruled consent to injury is not a offence for bodily harm

Question 17

what courts do not create precedent

Answer 17

County and magistrates

Question 18

court of appeal - do the decisions bind one another ?

Answer 18

decisions by one division does not bind other HOWEVER - Previous decisions are binding on later ones —— Young v Bristol areoplanes

Question 19

what exceptions dis Young V Bristol aeroplane set out allowing the civil division of court of appeal to depart from a previous decision

Answer 19

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

Question 20

pepper v hart

Answer 20

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.

Question 21

Donoghue V Stevenson

Answer 21

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

Question 22

advantage

Answer 22

• provides certainty in the law as cases with similar facts are bound on past decisions - provides idea on how the case will be decided

Question 23

disadvantage

Answer 23

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