Unit 2

Question 1

When does the doctrine of precedent apply?

Answer 1

If a proposition is:

(a) A proposition of law;

(b) Part of the ratio decidendi of a case

(c) Decided in a court whose decisions are binding on the present court (a higher court); and/or

(d) There are no relevant distinctions between the two cases (i.e., the cases are similar enough)

Question 2

What are the 3 components of a judgement?

Answer 2

• The Ratio = A proposition of law which is binding
• Obiter dictum (plural obiter dicta) = a proposition of law stated by a judge that is not necessary for their conclusion.
• The decision/ ruling = This is the result of the case (i.e., defendant committed an offence) and is of legal and practical interest to the parties. It is binding only on them.

Question 3

What is the ratio decidendi?

Answer 3

Ratio = “The reason for deciding”., the legal decision/principle of a case.

Ratio is a binding precedent on all lower courts that have similar facts or are looking at the same point of law.

Question 4

Is the ratio the only part of the case which is binding?

Answer 4

Yes.

Question 5

To find the ratio, what should you look for?

Answer 5

• Look for the legal reasoning in a case which is essential for that decision – the ratio must involve the facts which are material for the decision as they are the basis for which the legal principle operates.

Ratio is the application of the law to the material facts.

Question 6

What is the definition of obiter dictum?

Answer 6

A proposition of law stated by a judge, which is not necessary for their conclusion or ratio

Question 7

How does the Supreme Court bind?

Answer 7

Binds courts below it but not itself.

Question 8

How can the supreme court depart from a previous decision?

Answer 8

Requirements for departing:
* A previous decision causes injustice or;
* Impedes the development of the law or;
* Causes uncertainty

Question 9

Is the Court of Appeal – civil division bound by its own decision?

Answer 9

Yes.

Question 10

What are the 5 exceptions to the court of appeal being bound by its own decisions?

Answer 10

1. Where its own previous decisions conflict; or
2. Where its previous decision has been implicitly overruled by the Supreme Court; or
3. Where its previous decision was made through carelessness (per incuriam)
4. Where it was an interim decision by two judges; or
5. Where one of its previous decisions is inconsistent with a subsequent decision of the European Court of Human Rights

Question 11

Are the civil and criminal divisions of the court of appeal bound by each other?

Answer 11

No.

Question 12

Is the appellate jurisdiction of the High Court bound by its own decisions? (Divisional Court of the High Court)

Answer 12

Yes, except for the same 5 exceptions as for the Court of Appeal.

Question 13

High Court (Court of first instance) – is it bound by its own decisions?

Answer 13

No.

Question 14

Is the crown court bound by its own decisions?

Answer 14

No.

Question 15

Do inferior courts bind other courts or themselves?

Answer 15

Inferior courts do not bind other courts and are not bound by their own decisions

Question 16

What does it mean if a case is “distinguished”?

Answer 16

the later court decided not to apply the ratio of an earlier case

Question 17

What does it mean if a case is “overruled”?

Answer 17

When a principle laid down by a lower court is declared incorrect and not followed by a higher court in a different later case. The higher court will set a new ‘correct’ precedent.

Question 18

What does it mean when a case is “departed”?

Answer 18

Where a coourt departs from an earlier case – usually used when one of the exceptions of the court of appeal is applied.

Question 19

What is the civil law system?

Answer 19

A generic description given to those legal systems which are based on Roman Law.

UK has the common law system, not the civil law system.

Question 20

Does the principle of precedent (stare decisis) apply to civil law systems?

Answer 20

No.