Judicial Precident

Question 1

Court Heirachy

Answer 1

HC - COA - SC

Question 2

Ratio Decidendi

Answer 2

• contributes to a decision

- binding part of the judgement

Question 3

Law Reports

Answer 3

-helps lawyers/judges determine If binding precedent is in place
-comprehensive system
-keep up to date with current changes in the law
-e.g Council of Law Reporting,
no official set of reports
Incoporated Council of Law Reporting –> “The Law Reports” // “Appeal cases”

Question 4

Binding Precendent

Answer 4

Judges obliged to follow IF :
1/ cases sufficiently similar
2/Precedent from a higher court

Question 5

Ratio Decidendi case

Answer 5

R v Cunningham

• to be recklesss, you have to know there is a risk of an unlawful consequence and decide to take said risk
• (actual case) Gas meter ripped off wall for coins inside, next door became ill due to this and so the D could only be reckless if intended to poision(reason for deciding).

aka subjective reckless which is fairer

Question 6

Following B.P case(s)

Answer 6

(Donoghue v Stevenson)
decided in HOL - now SC
(Daniels v White)
COA

Cases sufficiently similar, BP followed of previous cases

Question 7

Stare Decisis

Answer 7

latin: stand by what has been decided / let the previous decision stand

meaning: 1/ Like cases decided alike
2/Decision from higher courts bind lower courts

Question 8

Obita Dicta cases

Answer 8

(R v Brown)
consent form dencde for tattoos+piercings

(R v Wilson)
branding woman’s bottom = similar to tattooing, form of decoration she could consent too

Question 9

Distinguishing

Answer 9

• material differences
• suggest that not sufficiently similar for doctrine of Precident to apply
• any court in heirachy can do this
• (R v Brown) distinguished from (R v Wilson), brown = “sexual pleasure” , Wilson= “homemade tattoo”

Question 10

Overruling

Answer 10

• may overrule if earlier decision from a lower court and judge in higher court disagree with the earlier statements of law
• outcome of earlier case remains, just not followed

Question 11

Overruling in SC

Answer 11

• made per incurium
• practice rules / practice directions 3 and 4 to depart
• similar to old practice statement

Question 12

Overruling case

Answer 12

Pepper v Hart 1993

ovveruled HOL ruling in Davis v Johnson 1979, banned use of HANSARD in statutory interpretation

Question 13

COA civil division overruling

Answer 13

• bound by own previous decisions
• Young v Bristol Aeroplan Co ltd: 3 exceptions :
  1. per incurium, made without considering relevant act of pariliament
  2. *2 Coa decision that conflict
  3. later decisions of HOL/SC overruled previous COA decision

Question 14

COA criminal division

Answer 14

(R v GOULD)

• bound by own prev decisions
• more flexible approach if liberty involved
• s.2 HRA ‘98, courts bound to take judgments of ECHR amount

Question 15

Reversing

Answer 15

• appeal cases
• decision in LC appealed to HC, HC may change the decision of LC wrongly interpreted the law
• when decision reveresed, Hc overruling the LC statement of law
• diff to overruling, its on the same case

Question 16

Reversing case

Answer 16

(Sweet v Parsley) 1970
school teacher lent farm house to students, smoking canabis
guilty in MC/HC
appeal to HOL reversed decision