Intro To The Legal System: Doctrine Of Precedent

Front 1

Considine v Shannon Regional Fisheries Board

Back 1

"The ratio of a case is discovered by determining what proposition of law justified the decision in light of the material facts which the court decided." Costello J.

Front 2

McDonnell v Byrne Engineering

Back 2

"This court will not permit this situation to continue and will insist that its directions be respected and obeyed." O'Higgins C.J.

Front 3

Kearns v Monersa Estates

Back 3

"Although I am not bound by decisions of other judges of the High Court, the usual practice is to follow them unless I am satisfied that they were wrongly decided." Kenny J.

Front 4

Mogul of Ireland v Tipperary (N.R.) Co. Co.

Back 4

Applicants failed to establish precedent was erroneously decided "...a balance must be struck... the later Court must... be clearly of the opinion that the earlier decision was erroneous." Henchy J.

Front 5

Irish Shell v Elm Motors

Back 5

"In no sense are our courts a continuation of, or successors to, the British courts." McCarthy J.

Front 6

State (Harkin) v O'Malley

Back 6

O'Higgins CJ observed that the High Court judge was bound to follow a Supreme Court decision which was the overrule

Front 7

DPP (Walsh) v Cash

Back 7

Charleton J bound to follow decision of DPP v Kenny despite entertaining reservations

Front 8

State (Quinn) v Ryan

Back 8

First time Supreme Court overruled previous decision

Front 9

McNamara v ESB

Back 9

"there are exceptional and compelling reasons" for not following Addie with regard obligations of occupiers re, trespassers

Front 10

Doyle v Hearne & Finucane v McMahon

Back 10

First time Supreme Court overruled previous decision without being unanimous
Dissenting judge chose to go along with decision to prevent questions of its legal validity

Front 11

People (AG) v Moore (CCA)

Back 11

Davitt P rejected evidentiary precedent principle with regard to unsworn statements in the interests if justice

Front 12

DPP v Shaw & DPP v Kenny

Back 12

Griffin J relabelled ratio test on the admissibility of unconstitutionality obtained evidence as obiter
Supreme Court upholds Griffin J's test as ratio