lecture 4

Question 1

stare decisis

Answer 1

ground rules for precedent
environment for precedent to operate
superior court decisions to be followed in similar cases
doesnt tell us when cases are sufficiently similar

Question 2

what are we looking for in precedent

Answer 2

2 or more cases, sufficiently similar, to illustrate same legal principle
comparison of facts and analysis of the reasoning in the earlier case

Question 3

ratio decidendi

Answer 3

the rule of law on which the decision is based, looking for the because or why.
the reason for the decision
judges often don’t signpost why they have reached their decision, could be several reasons

Question 4

Donoghue v Stevenson

Answer 4

ginger beer bottle contained decomposed snail
the decision was the manufacturer owes a duty to take reasonable care
the ratio was then applied with a broad interpretation, to cover when harm is caused whenever the defect is hidden and unknown to customer

Question 5

Obiter dicta

Answer 5

statements in the decision that do not relate directly to the material facts, not binding
what the judge would have done if he did not have to follow precedent

Question 6

overruling previous decision

Answer 6

when a higher court says that an earlier decision in a different case was wrong
must be done within the confines of stare decisis
earlier case ceases to be authority
unless a more superior court reinstates it

Question 7

reversing a previous decision

Answer 7

same case, a higher court says previous decision was wrong
also referred to as overturning

Question 8

disapproving a previous decision

Answer 8

superior court isn’t happy with the earlier decision
diminishes the status of the earlier case
earlier decision is technically good law but would have to find a very narrow use of the case

Question 9

distinguishing a previous decision

Answer 9

decision doesn’t apply as facts are different
depends on the relevant factual differences
the way the common law is developed

Question 10

subsequent statutory rule

Answer 10

where there is a subsequent statute that directly conflicts with the case, the statute will prevail

Question 11

per incuriam

Answer 11

there was an ignorance of authority which would have been binding on the court and that ignorance led to faulty reasoning