Precedent

Question 1

“Stare decisis”

Answer 1

to stand by what has been decided

Question 2

precedent definition

Answer 2

decisions made on a point of law by senior courts. must be followed by lower courts in similar situations

Question 3

types of judgements (2)

Answer 3

• ratio decidendi
• obiter dicta

Question 4

ratio decidendi and case

Answer 4

reason for deciding
R V Howe

Question 5

obiter dicta and case

Answer 5

other things said
R V Gotts

Question 6

hierarchy of courts

Answer 6

1. Supreme court
2. Court of Appeal
3. Divisional court
4. High court and Crown court
5. County court and Magistrates court

Question 7

Ratio principles (3)

Answer 7

• must be followed by all lower courts
• contains point of law which forms precedent
• binding

Question 8

Obiter dicta principles (3)

Answer 8

• doesnt need to be followed- purely persuasive
• can speculate what the decision would of been if the facts had been different
• persuasive precedent- can choose to follow if persuaded

Question 9

types of precedent

Answer 9

• original
• binding
• persuasive

Question 10

original precedent def and case

Answer 10

when a case raises a new point of law where no statute or case has covered it previously. the judges decision will create an original precedent
Donoghue and Stevenson

Question 11

Binding precedent def and case

Answer 11

ratio of the case in a senior court must be followed when a later case raising the same point of law is heard in a lower court.
Grant V Australian Knitting Mills

Question 12

Persuasive precedent def and case

Answer 12

a decision that a court is not bound to follow but can choose to follow if it wishes
R V R

Question 13

sources of persuasive precedent (5)

Answer 13

• ratio of lower courts
• privy council decisions
• obiter dicta
• dissenting judgements
• decisions in other countries

Question 14

ratio of lower courts and case

Answer 14

higher courts not bound to follow ratio of lower courts but can choose to do so if they want to
R V R

Question 15

Privy council decisions and case

Answer 15

not a UK court so they don’t need to follow their decisions. made up of judges from the SC so decisions are likely to be good authority
The Wagon Mound

Question 16

obiter dicta and cases (2)

Answer 16

isnt binding on any other courts but other courts can choose to follow it if case before is on the same issue
R V Howe and R V Gotts

Question 17

dissenting judgements and case

Answer 17

judgement that goes against the majority in that case, isn’t binding but could persuade higher courts to change law in the future
Rose and Frank V Crompton Bros

Question 18

decisions in other countries and case

Answer 18

some other countries have similar legal rules and systems to the UK. UK courts are not bound to follow decisions but can choose to follow if they wish
R V Bentham

Question 19

practise statement year and info

Answer 19

1966
introduced and allowed the HOL (SC) to depart from previous decisions when appears right to do so

Question 20

Herrington V BRB overruling Addie V Dumbreak

Answer 20

land owner doesn’t owe a duty of care to a trespasser- first major use of the practise statement

Question 21

Jones v SOSSS and RE Bowling

Answer 21

refused to overrule Re Bowling even though decision was wrong. judges= reluctant to use practise statement as they want certainty

Question 22

R V Shivpuri and Anderton V Ryan

Answer 22

first use of practise statement in criminal law

Question 23

2 COA divisions

Answer 23

• criminal
• civil

Question 24

3 exceptions to the divisions being bound by the SC and its self

Answer 24

• 2 conflicting COA precedents
• later conflicting SC precedent
• precedent made per incursion (in error where a relevent case or statute was overlooked)

Question 25

case for the 3 exceptions

Answer 25

Young V Bristol aeroplance co

Question 26

4th exception for the criminal division and case

Answer 26

if the law has been misapplied or misunderstood- incase liberty is at stake
R V Taylor

Question 27

3 ways of avoiding precedent for a wrong or outdated precedent

Answer 27

• overruling
• distinguishing
• reversing

Question 28

overruling and case example

Answer 28

when a higher court in a later case decides a precedent of a lower case is wrong or outdated, can replace the precedent with a new one
Shivpuri and Anderton V Ryan

Question 29

distinguishing and case examples (2)

Answer 29

where any court decides in a later case that the facts are sufficiently different from an earlier case so can draw a distinction between the two precedents after
Merrit V Merrit
Balfour V Balfour

Question 30

reversing and case example

Answer 30

when a point of law is decided in a lower court and the same case goes to a higher court who change that point of law because they feel its wrong
R V Hasan

Question 31

R V Hasan

Answer 31

COA decided duress isnt self induced- was aquitted
SC decided duress is self induced- was convicted