Sources of Law Case Law

Question 1

What are the two main sources of law?

Answer 1

Legislation & case law

Question 2

How is legislation made?

Answer 2

Passing through Parliament

Question 3

What is the most authoritative source of law?

Answer 3

Legislation

Question 4

What does new case law do?

Answer 4

Set new legal principles or develop existing legal principles

Question 5

What happens when new case law is established?

Answer 5

Reported in a law report

Question 6

What is the doctrine of judicial precedent?

Answer 6

Courts must follow precedents set by other courts within court hierarchy.

Ie the stare decisis

Question 7

What is a precedent?

Answer 7

A previous judicial decision

Question 8

What is case law?

Answer 8

Judge made law

Question 9

What are the two form of legal precedent?

What two ways do the judges use when interpreting case law?

Answer 9

Binding & Persuasive

Question 10

What is a binding precedent?

Answer 10

A precedent which must be followed by courts

Question 11

What is a persuasive precedent?

Answer 11

A precedent which the court MAY rely on

Eg a case from another jurisdiction that its using to implement in England & Wales

Question 12

What are the 4 operations of precedent

I.e which courts are bound or not

Answer 12

CRTs bound by decision of superior crt
CRTs not bound by inferior courts
Some crts bound by their previous decision
CRTs below High Court do not create precedents that bind courts above

Question 13

What are the three courts that usually set precedents?

Answer 13

Supreme Court
Court of Appeal
High Court

Question 14

What are the 3 exceptions where the COA can depart from its own previous decision

Answer 14

Two conflicting cases
Supreme Court has overruled
Per incurium v rare (lack of care)

Question 15

Supreme Court

Answer 15

Binds all other courts
Bound by own decision
Only depart if right to do so
Must be compelling reason to depart

Question 16

JCPC

Answer 16

Judicial committee of the privy council
No binding on domestic courts
Persuasive rather than binding
Decisions follows by domestic courts

Question 17

COA
(Civil Division)

Answer 17

Bound by the Supreme Court
Binding on lower courts
Decisions don’t bind criminal division
Bound by own decisions
3 exceptions to depart

Question 18

What are the 3 exceptions a COA can depart from own decision

Answer 18

Two conflicting decisions of COA
COA been overruled by Supreme Crt
Per incurium (lack of care) v rare

Question 19

What is the case where the exceptions are laid out for the COA to not bind to their own decision

Answer 19

Young v Bristol Aeroplane Co Ltd

Question 20

COA
(Criminal Division)

Answer 20

Bound by the Supreme Court
Binding on lower courts
Decisions don’t bind civil division
Bound by own decisions
3 exceptions to depart
PLUS as a Ds liberty at risk can depart from its own decision when LIBERTY OF A D IS AT STAKE’

Wider powers than the civil court

Question 21

High Court

Answer 21

When an appellate court, appeals bound by Supreme Court, COA and itself
3 exceptions apply

When judicial review case bound by Supreme Court & COA
It is bound by itself

When a case of First Instance bound by supreme court & COA & High Court Divisional

High Court binds lower courts

Question 22

Crown Court

Answer 22

Bound by COA & Supreme Court
Do not bind other courts
Not bound by previous decisions but they are persuasive

Question 23

Mags Court
County Court
Family Court

Answer 23

Bound by superior courts
Do not bind themselves
Do not create precedents

Question 24

Does the courts need to consider the HRA and are they bound by them

Answer 24

Yes but not bound by them are persuasive

Question 25

Are the courts bound by the CJEU

Answer 25

Court of Justice of the European Union
Courts not bound by its decisions
If SC departs must be right to do so

Question 26

Which part of the judgment is the only part that is binding?

Answer 26

The ratio decidendi part

Question 27

Who usually advances legal advances on interpretation on case law?

Answer 27

The parties

Question 28

When a case sets a precedent how is it reported?

Answer 28

In a Law Report

Question 29

Who is the supreme courts predecessor?

Answer 29

House of Lords