Precedent

Question 0

What is Obiter Dicta?

Example/Status?

Answer 0

(Things said by the way)
Status: persuasive
Case: Howe (1987) & Gotts (1992)

Question 1

What is ratio decidendi?

Status/Example

Answer 1

(The reason for the decision)
Status: binding
Case: Howe (1987)

Question 2

What are material facts?

Answer 2

Facts of the case to see if it’s sufficiently similar to the facts of another case

Facts upon which the decision is based

Question 3

Donoghue v Stevenson (1932)

Answer 3

Material: case involved a consumer
Outcome: House of Lords / held majority voter that there where the use of a defective product
Principle: duty of care

Question 4

Grant v Australian Knitting Mills (1936)

Answer 4

Grant purchased two pairs of underpants ..

Suffered servers dermatitis

Question 5

Stare decisis? Why is it necessary?

Answer 5

(let the decision stand)

“Ensures everybody is treated equally like cases must be treated alike”

Question 6

why must you know which court a case was heard in?

Answer 6

to know whether that court has to follow that precedent: court hierarchy

Question 7

Where are cases recordered?

Answer 7

Law report

Question 8

Analogy drawn in the canary wharf case?

Answer 8

to obstruct the receipt of television signals by the erection of a building between the point of receipt and the source is not in law a nuisance

Question 9

3 pieces of information found in written judgement?

Answer 9

Facts
Reason for the decision
Judgement

Question 10

What is a dissenting judgement?

Answer 10

Where a case has been decided by a majority the judge of the judges who disagrees will have to explain his or her reasons.
Judgements not of the majority

Question 11

Problem with the House Of Lords’ judgement in Dodd’s Case?

Answer 11

Unable to find the ratio decidendi of a House of Lords decision

Question 12

Persuasive authorities other than Obiter dicta?

Answer 12

Decisions of lower courts: R v R (1991) H/L agreed with the reasoning of the court of appeal that a man could be guilty of raping his wife.

Decisions of the Judicial Committee of the Privy Council: R v Karimi (2006)

Question 13

Principle from London Tramways case?

Answer 13

Too rigid an adherence to precedent nah lead to an injustice in a particular and unduly restrict the proper development of the law

Question 14

UK Supreme Court is normally bound by?

Answer 14

Itself and Court of Appeal, High Court, Crown, County & Magistrates’

Question 15

When may Supreme Court use the 1966 practise statement?

Answer 15

“Where it appears right to do so”

Question 16

2 reasons the practise statement may be used?

Answer 16

Court must take into account …

“Need for certainty”

“Danger of disturbing retrospectively the basis on which contracts have been entered”

Addie v Dumbreck (1929) “a child should be seen and not heard”

British Railways Board v Herrington (1972)