Setting precedent and reading cases Flashcards
what is common law?
The law that is common throughout Britain.
Based on precedent
Includes stare decisis, ratio decident, obiter dicta
what is precedent?
Judge made rules that become binding on later cases with similar facts
what is stare decisis?
means to “stand by the decision”
what is ratio decident?
statement of law that forms the base for the decision of the case
what is obiter dicta?
things said “by the way”
When a case is settled, what is a case known as?
res judicata
Setting precedent: MANDALA V DOWELL LEE 1983
Mandla brought a claim that, by refusing to admit his son as a pupil unless he removed his turban, Lee had unlawfully discriminated against him.
The trial judge dismissed the case on the basis that Sikhs are not a racial group.
A person discriminates against another…
on racial grounds that they treat the other less favourably than they would treat another person.
what does racial grounds mean?
on the basis of colour, race, nationality or ethnic or national origins
what is a racial group?
a group of persons defined by reference to colour, race, nationality or ethnic or national origins and references to the group to which they belong.
What are 4 reasons we should read cases?
Contains authoritative statements of what the law is
So we can read cases alone
Can understand how rules are interpreted and applied by judges
How to construct legal arguments and use cases to support your argument
Writing a case note, the 10 stages
title and citation parties procedural history material facts questions of law/issues appellants argument decision of the court rule(s) of law supporting arguments other headings
10 stages of writing case note:
what is procedural history?
identify the cause of action, outcome of first hearing
10 stages of writing case note: what is questions of law/issues?
central questions of the case and have to be answered by the court
10 stages of writing case note: supporting arguments
main reasoning of the judge, referred to prior cases
