Define Judicial Precedent
Judicial precedent is when past decisions of judges create laws for future judges to follow.
Give 2 Advantages of J.P
-System creates certainty within the law.
-Judges are legal experts whereas politicians are not always.
Give 2 Disadvantages of J.P
-Judges may be biased/out of touch with modern society.
-It is unpredictable whether a case will reach a high enough court that is able to change the law.
Give an example of J.P
Donoghue v Stevensons
D drank a bottle of ginger beer which had the remains of a decomposing snail in it , she fell ill and sued the manufacturer. The court decided that the manufacturer owed a duty of care towards the woman.
Explain S.C's binding authority.
-Its decisions bind all courts below it.
-Were bound by its own decisions before 1966.
-The Practice Statement 1966 allows the S.C to change one of their previous decisions when it “appears right to do so”.
-e.g R v Shivpuri overruled Anderton v Ryan changing the law regarding attempts to commit impossible crimes.
Explain CoA's binding authority.
-The CoA is bound to follow the decisions of the S.C
-It should follow its own decisions but there are 3 exceptions which were established in the case of Young V Bristol aeroplane 1944 :
•Where there are 2 previous CoA decisions that conflict
e.g. TIVERTON ESTATES LTD V WEARWELL LTD
•Where there is a conflicting HoL decision
e.g. FAMILY HOUSING ASSOCIATION V JONES
•The previous decision was made per incurium
e.g. RICKARDS V RICKARDS.
Explain the High Court's binding authority.
-Bound by superior courts
-Bound by it's own decisions
-Binds inferior courts
Explain the Lower Court's binding authority.
They just apply precedents set by higher courts; they dont make them.
Define Law Reports.
The decisions of cases are written down and a record of them is kept in the Law Reports.This helps judges and lawyers find out if there are binding precedents in existence.
Explain the Operation of J.P
Follow- If the facts of a case are significantly similar to an existing precedent, then they should follow it.
Overrule- The S.C can use the P.S 1966 to overrule one of its past decisions when it appears right to do so ,and the CoA can use one of the three exceptions that were established in Young V Bristol aeroplane 1944 to overrule.
Distinguish- Not following am existing precedent in a case that has significantly different material facts.An example of this is seen between BALFOUR V BALFOUR AND MERITT V MERITT.
Define Stare Decisis
The doctrine of J.P is based on the Latin term “Stare Decisis” which means to “Stand by the decision”.This system tries to create certainty within the law.
Define Ratio Decidendi.
Latin term for “the reason for deciding”.
An example of this in R v Howe was when the HoL hd that the defence of duress was not available to murder.
Define Obiter Dictum.
Latin term for “ Other things said” .
An example of this in R v Howe was that duress would not be a defence to attempted murdwr.
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