The Doctrine of Precedent

Question 1

What is Ratio Decidendi?

Answer 1

• The ratio of a case forms the binding precedent
• Ratio = the legal reasoning or legal principle or rule

Question 2

What does Obiter Dictum mean?

Answer 2

• ‘things said in passing’
• Does not form the ratio of a case

Question 3

What is a binding precedent?

Answer 3

• the court must follow the precendent established in previous case law

Question 4

What does ‘distinguish’ mean?

Answer 4

• the court finds that the case before it is not factually the same as the precedent and considers itself not bound by precedent

Question 5

What does ‘reverse’ mean?

Answer 5

• A decision of a lower court is changed by an appeal court

Question 6

What does ‘not follow’ mean?

Answer 6

• a court decides to not follow a precedent in a case even though the facts are the same

Happens when the precedent is from a lower court, the facts between the cases are conflicting or the precedent is outdated

Question 7

What does ‘overrule’ mean?

Answer 7

• A higher court changes an established precedent

Question 8

How does the Supreme Court select which cases to hear and what are the 3 criterias?

Answer 8

• Appeal panels decide which application for permission to appeal
• The criteria for granting permission to appeal is that it must involve an arguable point of law (a debate of what the law is), be of general importance, and a suitable case

Question 9

What is the UK Supreme Court’s role in deciding devolution issues?

Answer 9

• Decides whether the authorities in Scotland, Wales, and Northern Ireland have acted within their power or failed

Question 10

What is the privy council?

Answer 10

• A group of senior advisors to the king/queen in the UK
• Help make important decisions regarding the government and law