Precedent Flashcards
What is res judicata?
If a case is tossed out of the appellant hierarchy, the same legal question cannot be re-tried.
What is the rationale behind having court precedent?
Allows for the law to be easily known.
Allows for a refined law.
Allows for similar cases to be decided in a similar way.
What is the modern approach
Why are law reports so important?
It allows for the law to be known easily amongst legal individuals.
What three things will be included in a judgement?
Radio Decidendi
Obiter Dicta
Material Facts
If you don’t wish to apply a precedent what are the ways in which you can do that?
Distinguish the facts of the case.
Reversing through appeal.
Per incuriam.
What is the practise direction of 1966?
Justices of the Supreme Court could depart from previous decisions, if oit was felt right to do so.
What is the Young criteria?
Per incurium
Conflicting decisions,
Conflict
Which court does the young criteria apply to?
The court of appeal, it self binds it.
What is fisher v Ruislip an example of?
When a court makes two conflicting decisions, and therefore has to decide which is correct.
What are the rules for the use of practice direction 1966?
It should be used “sparingly”.
It can be used in obiter as an implication.
What did youngsam do?
It held that the High court had overruled the Supreme court using obiter.
What happen with the supreme court prior to the practice direction of 1966?
An orthodox view, meaning that once a decision is reached it cannot be reverted.
