Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
|
What is it Judicial Precedent? |
Judicial precedent refers to a source of law where the past decisions of a judge create law to be followed in later cases with similar facts. This is known as case/common law. It abides by 'stare decisis', providing fairness and equality in the law. It creates a binding precedent. |
|
|
Law Reporting |
Law reports are produced for every case held in a court. They are written by specialist lawyers to publicise a judgement as a source of law for reference by judges and lawyers dealing with later cases. They ensure that an accurate and authorised report is made on the reasons for deciding: - Weekly Law Reports - All England Law Reports - Lexis Nexis. |
|
|
Ratio Decidendi |
Precedent needs a method of identifying the parts of the judgement which are binding. The judge will explain the principles of law he is using to reach his decision. These are known as 'ratio decidendi' (the 'vital reason for deciding.' |
|
|
CARLILL v CARBOLIC SMOKE BALL Co. |
The ratio here says that a clear offer to sell may be accepted by the consumer simply doing whatever the offer required. |
|
|
Obiter Dicta |
All other points of law in the judgement which are not ratio are called obiter dicta ('other things said'). These comments are not essential to the outcome of the particular case and are often discussions of hypothetical situations. None of this forms Case Law but jugges in later, similar cases may be persuaded to follow it in reaching a decision. |
|
|
R v HOWE |
This is an example of obiter dicta. Here, the comment was made by the judge that duress could not be a defence to the crime of attempted murder. |
|
|
Court Hierarchy |
There needs to be a clear hierarchy of courts so a judge knows who they should follow. Usually every court is bound to follow the relevant decision made by a court above it in the hierarchy and appellate courts are bound by their own past decisions. |
|
|
Supreme Court |
This is the most senior national court and its decisions must be followed by all other courts in the English legal system. The Supreme Court is usually also bound to follow its own past decisions. It hears appeals in both civil and criminal cases when a legal principle of general public importance is involved. |
|
|
Court of Appeal |
There are two divisions in the Court of Appeal, the civil and the criminal division which hear civil and criminal cases respectively. Both divisions of the court are bound by previous decisions of the Supreme Court and are usually bound to follow their own past decisions. |
|
|
High Court |
The High Court is bound by decisions of all of the courts about it in the hierarchy and in turn binds the courts below it. The High Court judges do not have to follow each other's decisions but usually will do so. |
