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Law Making precedent
Judicial Precedent
| Question | Answer |
|---|---|
| What is the point of judicial precedent? | Consistency (but less flexibility) |
| R v R | Courts changed the law on marital rape |
| What is the ratio of a precedent? | Reason for the decision/key rule of the case |
| What is obiter dicta? | Other things said by the judge, broadening the precedent (persuasive - not binding) |
| What is dissenting? | When the minority of Judges disagree and outline their reasons e.g., RCN v DHSS |
| What is persuasive precedent? | Precedent that is non-binding but recommended to be used |
| Howe | Ratio: Duress can't be used as a defence for murder (or attempted murder - Obiter Dicta) |
| Gotts | Followed obiter in Howe & created binding precedent that duress can't be used as a defence for Attempted Murder |
| R v Davis | D can't be convicted of murder solely on evidence of anonymous witnesses -> Criminal Evidence (Witness Anonymity) Act |
| What is the importance of law reports to precedent? | Outlines ratios helping lawyers preventing inconsistency |
| London Street Tramways v London County Council | Unless glaring error, said HL couldn't reverse previous decisions - parliaments job |
| What is the Practice Statement 1966 | Allows Supreme Court to overule previous decisions |
| Herrington v BRB | Overruled Addie v Dumbreck making use of the Practice Statement 1966 |
| Shivpuri | Overruled Anderton v Ryan making use of the Practice Statement 1966 |
| Young v Bristol Aeroplane | outlines exceptions to Court of Appeal following SC/HL and itself. Confirmed by HL in Davis v Johnson |
| When may the Court of Appeal not follow SC/HL and itself? | previous CA decision conflicts, or overruled by HL/SC, or made per incuriam (glaring error) - Young v Bristol Aeroplane |
| What precedent does the judicial committee of the privy council produce? | Persuasive, unless court states it will be binding |
| How may a precedent be avoided? | FORD |
| Balfour v Balfour | Merritt distinguished from this: Presumption upheld - no intent to be legally binding |
| Merritt v Merritt | Distinguished from Balfour v Balfour: Seperated so doesn't follow presumption - intent |
| Ivey v Genting Casinos (*dust?) | Civil case changed civil and criminal meaning of "dishonesty". Confirmed by Barton and Booth overulling Ghosh test |
Created by:
Oscar.G
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