Judicial president

Question 1

WHAT IS A BINDING PRECEDENT?

Answer 1

Law from a earlier case which must be followed, only created when the facts are sufficiently similar to the precedent and the decision was made by a court senior or the same level as the court hearing the current case.

Question 2

WHAT DOES OBITER DICTA MEAN?

Answer 2

Other things said, merely persuades to follow as its not binding.

Question 3

WHAT DOES RATIO DECIDENDI MEAN?

Answer 3

The vital reason for deciding, it creates a binding precedent for the judges to follow.

Question 4

WHAT IS THE MAIN FEATURE OF JUDICIAL PRECEDENT?

Answer 4

Clear hierarchy of courts- so that a judge knows who they should follow. Usually every court is bound to follow a relevant decision made by a court above it in the hierarchy and appellate courts are bound by their own past decisions.

Question 5

WHAT IS THE COURT HIERARCHY?

Answer 5

Criminal Both Civil

                      Supreme Court >
                     Court of Appeal > (appellate)
                          High court >

Crown Court County Court
Magistrates’ Court Tribunals

Question 6

WHAT IS A PERSUASIVE PRECEDENT?

Answer 6

A persuasive precedent is one which he court will consider and may be persuaded by, but which does nit have to be followed… it comes from a number of sources, lower courts in the hierarchy then the court hearing the appeal, statements made by obiter dicta and dissenting judgement.

Question 7

OVERRULING?

Answer 7

Overruling- the Supreme Court can overrule any decisions made by lower courts and can overrule its own when it appears right to do so.

The Court of Appeal (civil AND criminal) must follow its own past decisions unless it could overrule itself using one of the three exceptions stated in YOUNG V BRISTOL AEROPLANE. However criminal devision can also refuse to follow a precedent of its own if the judges in that earlier case have ‘ misunderstood or misapplied’ the law: R V TAYLOR.

Question 8

DISTINGUISHING?

Answer 8

It occurs when a court of any level finds a difference in the material facts between the case its hearing and the precedent. As a result the court may refuse to follow the precedent.

Question 9

ADVANTAGE OF JUDICIAL PRECEDENT?

Answer 9

As judges are impartial and basing their decisions on legal rules, it is a just and authoritative system of making law.

Question 10

DISADVANTAGE OF JUDICIAL PRECEDENT?

Answer 10

Case law is retrospective- it can make someone liable for a crime even though it wasn’t a crime when they first committed the act.