Precendent

Question 1

Define Stare Decisis.

Answer 1

same facts, same outcome.

Question 2

What is the Ratio Decidendi?

Answer 2

the legal reasoning behind a decision in a case.

Question 3

What is Obiter Dicta?

Answer 3

statements that do not relate directly to the material facts. They are not binding or part of the ratio but they are definitely helpful.

Question 4

Define Per Incuriam.

Answer 4

A case where there was ignorance of previous cases relating to similar facts which would have been binding on that court AND it led to faulty reasoning. (Morelle v Wakeling).

Question 5

The Court of Appeal is bound by its own decisions. However there are 3 exceptions to this rule, what are they?

Answer 5

1. Where 2 of its previous decisions are conflicting, they must choose 1 to be bound by.
2. Where its previous decision has been implicitly overruled by the Supreme Court.
3. Where its past decision was per incuriam.
   (Young v Bristol Aeroplane Co Ltd)