precedent

Question 1

ratio decidendi

Answer 1

principle of law on which the decision is based

Question 2

obiter dicta

Answer 2

may be persuasive but not binding

Question 3

rylands v fletcher

Answer 3

ratio- anyone who keeps something likely to cause damage if it escapes is liable for damage

Question 4

donoghue v stevenson

Answer 4

ratio- manufacturers owe a duty of care to consumers

Question 5

stare decisis

Answer 5

lower courts must follow the ratio if similar facts

Question 6

practise statement 1966

Answer 6

SC not bound by own decision
R v G & R- recklessness

Question 7

court of appeal

Answer 7

criminal may not follow decision if unjust
civil bound except young v bristol aeroplanes

Question 8

high court

Answer 8

not bound by own decisions

Question 9

privy council

Answer 9

not binding but strong persuation
R v James and Karimi

Question 10

European court of Human rights

Answer 10

English court must take into account the cases decided in the ECtHR

Question 11

distinguishing

Answer 11

not apply grounds as facts are not similar

Question 12

overrule

Answer 12

overrules by higher court

Question 13

reverse

Answer 13

higher court changes decision on appeal due to misinterpretation of the law