The Doctrine of Precedent Flashcards
when does the doctrine of precedent apply (when is a proposition stated in one case binding in another)?
if it is a proposition of law, part of the ratio decidendi of a case, decided in court whose decisions are binding on the present court, there are no relevant distinctions between the two cases
what is a proposition of law?
it must be proved or inferred from the evidence
what is a ratio?
a proposition of law which is binding
what are the 3 main things a judge must do?
decide what the legally relevant or material facts are, state the relevant law, apply the law to the facts in order to decide the outcome
what are material facts
essential facts to the case e.g. that the D was in charge of the bicycle in Corkery v Carpenter
what does obiter dicta mean?
‘other things said’
why may a proposition be classed as obiter rather than ratio?
if a judge speculates about the decision they would have made if the facts had been different
what did Lord Hailsham LC say in Cassell v Broome 1971?
it is necessary for lower tiers ‘to accept loyally the decisions of the higher tiers’
who does supreme court bind?
below but not itself
who does the court or appeal bind
below and normally itself
who does the high court bind
appellate: below and normally itself
1st instance: below but not itself
who does the crown court bind
no one
who does the county and magistrates’ court bind
no one
who does the privy council bind
no one but highly persuasive
who does ECHR bind
no one but persuasive in matters relating to convention rights under s2 HRA 1998
