PAPER 1 ADS + DIS JUDICIAL PRECEDENT Flashcards
What is judicial precedent?
Judges follow points of law decided in previous cases.
What is one advantage of judicial precedent?
Provides certainty in the law.
How does judicial precedent help solicitors?
Enables easier advice to clients by predicting decisions.
What is a disadvantage of judicial precedent?
Can be too rigid, leading to potential injustices.
What does the House of Lords’ Practice Statement allow?
Allows for change while recognizing the need for certainty.
What was the outcome in R v Jones ex parte Sec of State?
Refused to overrule a previous precedent despite disagreement.
What are two ways to avoid precedent?
Distinguishing and overruling.
Which court has the power to overrule its own decisions?
The Supreme Court.
What was the ruling in BRB v Herrington?
Occupiers of land owe a duty of care to trespassers.
What issue arose from the rigid application of precedent?
Unfair precedents cannot be overruled easily.
What example illustrates the delay in changing precedent?
Batty v Metropolitan Property Realisations LTD in 1978.
True or False: Judicial precedent allows for flexibility in the legal system.
True.
Fill in the blank: Judicial precedent makes it easier for people to operate their businesses knowing that their arrangements are ______.
[recognized by the law].
What does it mean that precedent is retrospective?
It means people can be found guilty for actions that were not considered crimes at the time they were committed.
This concept raises concerns about fairness in the legal system.
What case exemplifies the retrospective nature of precedent?
R v R
In this case, the defendant was found guilty of raping his wife, which was not a crime at the time of the act.
What was the legal situation regarding marital rape at the time of R v R?
A man could not be guilty of raping his wife.
This reflects historical legal views on marriage and consent.
What is a potential criticism of changing laws retrospectively?
It seems wrong to change the law after the event.
This criticism highlights concerns over justice and fairness for those previously accused or convicted under old laws.
Fill in the blank: The change in law regarding marital rape would perhaps be fairer if it applied only to _______.
future cases
This suggestion emphasizes the importance of not penalizing past actions under new legal standards.
