The Doctrine of Judicial Precedent

Question 1

1. Under the doctrine of judicial precedent past decisions of judges…

Judicial precedent is based on the Latin maxim “stare decisis et non quieta movere” meaning…

Answer 1

Under the Doctrine of Judicial Precedent past decisions of Judges Create Law for future judges to follow. Judge made law is known as case law or common law.

Judicial precedent is based on the Latin maxim “stare decisis et non quieta movere”, meaning “stand by what has been decided and do not unsettle the established”. This promotes certainty and fairness in the law.

Question 2

2. At the end of a case, the judge or judges will deliver a judgment…

Answer 2

At the end of a case, the judge or judges will deliver a judgment setting out their decision. The judgment will have higher status if delivered by a senior court such as the Supreme Court.

Question 3

3. A Rigid Court Hierarchy is an essential element of Judicial Precedent as Judges know which decisions…

Judgments can be found in Law Reports, such as…

Answer 3

A Rigid Court Hierarchy is an essential element of Judicial Precedent as Judges know which decisions they must follow and those they can overrule.

Judgments can be found in Law Reports, such as the All England Law Reports and there is a comprehensive system of law reporting.

Question 4

4. The Most Important Part is the “Ratio Decidendi”, meaning “The Reason for Deciding”. It is the statement of the law in relation to….

Answer 4

The most important part is the “ratio decidendi”, meaning “the reason for deciding”.
It is the statement of the law in relation to the case the judge is hearing.

It is an essential element of judicial precedent because it is the binding precedent, which means it must be followed in future cases of similar fact by all courts below and sometimes by a court at the same level.

The ratio decidendi in Donoghue v Stevenson was that the manufacturer of a product owes a duty of care to the consumer.

Question 5

5. The Ratio Decidendi can be difficult to find for a judge in a later case as there are no…

Answer 5

The ratio decidendi can be difficult to find for a judge in a later case as there are no headings in the judgment. Another problem is that in the appeal courts there will be more than one judge hearing the case, so there may be more than one judgment, so different ratios for a judge in a later case to consider.

Question 6

6. The judgment also contains “obiter dicta”, meaning…

Answer 6

The judgment also contains “obiter dicta”, meaning “other things said”. This is hypothetical discussion of the law that is not needed for the decision, but may influence future judges.

Question 7

7. Obiter dicta statements are not binding, but they are persuasive precedent, meaning they…

Answer 7

Obiter dicta statements are not binding, but they are persuasive precedent, meaning they may be followed in future cases but do not have to be. Obiter dicta is an essential element of Judicial Precedent as it can help develop the law - if an obiter dicta statement is followed in a future case, it becomes the ratio decidendi of that case and therefore a binding precedent. In Donoghue v Stevenson, Lord Atkin’s Neighbour Principle was obiter dicta, but first defined the law on duty of care and was followed many times.