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11 Cards in this Set
- Front
- Back
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What is meant by Judicial Precedent ? |
the system by which decisions made by Judges in courts higher in the hierarchical court system is used by judges in lower courts to reach their decision in a new case which is based on similar facts |
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3 Elements of the system of Precedent |
Hierachy of courts, ratio decidendi, law reporting |
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Describe Court Hierarchy in Criminal cases |
CJEU UK Supreme Court Court of Appeal (Criminal Division) Queens Bench Divisional Court Crown Court Magistrates Court |
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Describe Court Hierarchy in Civil cases |
CJEU UK Supreme Court Court of Appeal (Civil Division) Civil Divisional Courts High Court County Court |
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What is meant by ratio decidendi |
The legal rule or rules upon which a courts decision is directly based |
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Give case example of ratio decidendi |
Donogue v Stevenson (1932) - |
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What are Obiter Dicta |
Novel statements of law used as part of a judgement but do not form part of the actual decision |
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What enables the HOL / Supreme Court to overrule their own previous decisions |
The Practice Statement 1966 |
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When can HOL use the Practice Statement to overrule one of their own cases |
Where it appears right to do so Where following a past case would lead to injustice and hamper the proper development of the law Where there has been an important change in circumstances since the original decision was made |
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When can HOL not use the Practice Statement to overrule one of their own cases |
Simply because previous case was wrongly decided Where there is a danger of making retrospective changes to contractual, fiscal or property matters Where it would cause uncertainty in the law |
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Name case which allows Court of Appeal (civil) to depart from previous decisions |
Young v Bristol Areoplane Co Ltd (1944) |
