Section A - Judicial Precedent

Question 1

What is judicial precedent (JP)

Answer 1

Created through common law superior judges decisions must be followed

Question 2

What are the 3 main Latin maxims that govern JP

Answer 2

1) stare decisis
2) ratio decidendi
3) obiter dicta

Question 3

What does stare decisis mean

Answer 3

Judges make decisions in court if they need to interpret parliamentary law or decide a rule where there is no existing law and these decisions will be followed by future judges

Question 4

What is ratio decidendi

Answer 4

The reason for the decision
Sir Rupert Cross - ‘any rule expressly or impliedly treated by the judge as a necessary step in reaching his conclusion’
Later judges will decide what fits their case best

Question 5

What is obiter dicta

Answer 5

‘Other things said’
Howe - duress can’t be used as a defence for murder
Gotts - or attempted murder