Precddent (2): Applying Precdent In Practise

Question 1

For a previous decision to be binding what is essential?

Answer 1

That the case is like

Question 2

How is predictability guaranteed?

Answer 2

When like cases are treated like.

Question 3

What’s required for treating like cases alike? What’s

Answer 3

Relevant facts/material facts, what’s relevant is dependant upon context.

Identify the ratio decidendi (the reason for deciding):
-what’s the rule or principle upon which the outcome of the case is based on

• what’s the rule of law/or principle which is relevant to the outcome.
• what’s the rule or principle if did not exist would result in a different outcome.

Question 4

What’s an obiter dicta

Answer 4

A by the way statement, it’s an addition but NEVER the reason. It’s a statement if the judge irrelevant to result.

Question 5

What’s one way to identify obiter dicta?

Answer 5

By removing the statement and if the judge still makes sense it’s the obiter dicta.

Question 6

What’s singular of obiter dicta?

Answer 6

Obiter dictum

Question 7

What’s the effects of the obiter dicta?

Answer 7

Obiter dicta is NEVER binding but can be PERSUASIVE. They can create practise like the case if Airedale NHS Trust v Bland 1993

It can sow the seed for a later development in law. Such as the case of Macfarlane v Tayside Health Board

Question 8

What is binding in a multiple judge decision?

Answer 8

If the ratio that commands a majority support. But if each judge gives a different reason there’s no binding ratio, each is merely percussive.