Test: Judicial Precedent

Question 1

what does star decisis mean

Answer 1

Let similar cases be decided in simialr ways

Question 2

what does obiter dicta mean

Answer 2

other things said

Question 3

What does Ratio decidendi

Answer 3

legal reason for decision

Question 4

Original precedent

Answer 4

Donoghue v Stevenson

Question 5

Binding precedent

Answer 5

Grant v Australian Knittin Mill

Question 6

Persuaisve precedent

Answer 6

R v R

Question 7

First use of practice statement

Answer 7

Conway v Rimmer

Question 8

Overruling - civil

Answer 8

Main, Pepper v Hart overruled Davis v Johnson

Herrington v BRB overruled Addie v Dumbreck practice statement

Question 9

Overruling - criminal

Answer 9

R v Shivpuri overruled Anderton v Ryan

Question 10

Distinguishing

Answer 10

Merrit v Merrit distinguished Balfour v Balfour

Question 11

Reversing

Answer 11

R v Hasan

Question 12

what is overruling

Answer 12

when a higher court in a later case decides an earleir decision was wrong or outdated

Question 13

what is distinguishing

Answer 13

2 precedents on the same point of law to deal with two slightly different future situations

Question 14

what is reversing

Answer 14

higher courts change the decision of a lower court in the same case, different because it only involves one case

Question 15

Which case set out the exceptions where the Court of Appeal may depart from a previous precedent set by the Court of Appeal?

Answer 15

Young v Bristol aeroplane

Question 16

who issued practice statment and when

Answer 16

1966, Lord Gardiner

Question 17

two cases to demonstrate stare decisis

Answer 17

Donoghue v Stevenson & Grant v Australian Knitting Mill

Question 18

what does the practice statement do

Answer 18

allows HoL to depart from its own decisions