Unit 2: The English Legal System and Case Law Flashcards
When does the doctrine of precedent apply?
A proposition stated in one case is binding in a later case if it 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
d) there are no relevant distinctions between the two cases.
Ratio decidendi
‘Reason for the decision.’ A proposition of law which is binding.
Obiter dictum (dicta plural)
‘Other things said.’ A proposition of law stated by a judge that is not necessary for their conclusion.
Overruling
This occurs when a principle laid down by a lower court is declared incorrect and not followed by a higher court in a different later case.
Departing
A court can depart from an earlier case. Usually occurs where the House of Lords Practice Statement is used, or the Court of Appeal applies one of the exceptions set out in Young v Bristol Aeroplane Co Ltd.
Reversing
Occurs where the decision of a court in the same case is altered by a higher court on appeal.
The consistency principle
‘Like cases should be treated in like ways’.
The certainty principle
People should be able to assume that rules will be applied to them in a predictable way.
The proportionality principle
The punishment should fit the crime.
per in curiam
‘through carelessness’.
Binding courts
Supreme Court bind below but not itself.
Court of Appeal, Criminal and Civil, binds below and itself.
High Court Appellate binds below and itself, but first instance does not bind itself (so not Divisional Court).
Crown Court binds no one.
County and Magistrates’ Courts bind no one.
Court of Appeal exceptions for binding itself
a) where its own previous decisions conflict; or
b) where its previous decision has been implicitly overruled by the Supreme Court; or
c) where its previous decision was made per incuriam; or
d) where it was an interim decision by two judges; or
e) where one of its previous decisions is inconsistent with a subsequent decision of the ECHR.
