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24 Cards in this Set
- Front
- Back
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What is the principle of judicial precedent and what does it mean |
Stare decices, it means that case law decisions, that are relevant to the case in question, must be followed by courts (according to the court hierarchy) |
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What is the court hierarchy, starting from the bottom |
Magistrates and county courts, Crown Court, High Court, Court of Appeal, Supreme Court |
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What is the Crown Court bound by |
Supreme Court, court of appeal, high court. They aren’t bound by their own previous decisiosn |
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What is the Magistrate’s Court bound by |
All courts above it (Crown Court, High Court, Court of Appeal, Supreme Court) They aren’t bound by their own decisions |
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What is the High Court bound by |
Court of Appeal, Supreme Court |
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What is the Court of Appeal bound by |
Supreme Court and old House of Lords |
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What is the Supreme Court bound by |
Bound by its decisions as the House of Lords up until 1966 |
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What does accurate law reporting allow to happen |
Legal principles to be collated, identified and assessed |
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What are he 4 elements of a judgement |
Facts, ratio decidendi (reason for the decisions), obiter dicta (other words said in relation to the argument), verdict/decisions |
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What is the binding element of cases |
The ratio decidendi |
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What can be used as persuasive precedent |
The obiter dicta, decisions from other common law jurisdictions, decisions of the Privy Council, writing of legal academics |
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What does the doctrine (binding precedent) of judicial precedent allow for what |
A system of certainty to help people and lawyers navigate the law. Flexibility foe the common law to develop |
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What are the 5 ways judicial precedent can work |
Following, overruling, distinguishing, departing, reverse |
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What is following |
If the facts are similar in a case the decision from another court is followed |
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What is overruling |
When a higher court disagrees with a decisions and overrules it |
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What is distinguishing |
Where lower courts point to differences in cases that justify the application of different principles |
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What is departing |
Where, in certain situations, a court departs from its previous decision |
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What is reverse |
On appeal, a higher court changes the decisions of a lower court |
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What is the practise statement |
A report issued by the House of Lords in 1966 outlining when courts can depart from decisions |
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What does per incuriam mean |
By mistake |
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What case used the Practise Statement first and what was important about it |
Conway v Rimmer, it only involved technical law matters on the discovery of documents |
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What case was he first major use of the Practice Statement and why was it major |
Herrington v British Rail Board, it changed the law on the duty owed to a child trespasser |
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When can the Court of Appeal depart from decisions |
Per incuriam, 2 conflicting decisions, there is a later conflicting House of Lords decision, if a proposition of law was assumed to exist |
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In what 2 cases did a judge create a new law and what were they |
Donoghue v Stevenson, the law of negligence (those that do harm to others must pay compensation for damage done) R v R, changed the law on rape in marriage from being allowed to not being allowed |
