stare decisis Flashcards
1
Q
What is stare decisis?
A
standing by previous decisions
2
Q
How does this operate in the courts?
A
the higher court cases bind the lower court cases
3
Q
What is essential for stare decisis to operate?
A
Accurate law repoting
4
Q
How can it be avoided?
A
using distinguishing, overruling and reversing etc
5
Q
Case?
A
Donoghue v Stephenson
6
Q
How is it created?
A
Through ratio decidendi
7
Q
What is essential for it to work?
A
Accurate law reporting
8
Q
Donoghue v Stephenson?
A
F- D found a snail in a bottle and died from it
R- Followed the neighbour rule
