9084 · 1.1.5
Judicial precedent flashcards
Revision flashcards for Cambridge 9084 Judicial precedent (syllabus 1.1.5). Flip, recall, then mark a real past-paper question.
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Ratio decidendi?
Legal principle determining outcome — binding on lower courts.
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Obiter dicta?
Judge's comments by the way — persuasive, not binding.
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Distinguishing?
Different material facts — precedent does not apply (e.g. *Merritt v Merritt* distinguished from *Balfour v Balfour*).
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Overruling?
Higher court declares earlier decision wrong (e.g. *R v R*).
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Practice Statement 1966?
Supreme Court (HL) may depart from own past decisions when justice requires.
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Court of Appeal exceptions?
*Young v Bristol Aeroplane* — conflict, own earlier decision implicitly overruled by Supreme Court, or decision made per incuriam.
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What is the meaning and function of 'stare decisis'?
Latin for 'to stand by things decided'. It is the foundational doctrine of judicial precedent, requiring courts to follow the decisions of higher (and sometimes their own) courts in cases with similar material facts to ensure legal certainty and consistency.
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What was the significance of the Practice Statement 1966?
It was a statement issued by the Lord Chancellor that allows the Supreme Court (formerly the House of Lords) to depart from its own previous decisions 'when it appears right to do so'. This provides crucial flexibility at the highest level to prevent injustice and allow the law to develop.
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Define 'Original Precedent' and provide an example.
An original precedent is a new legal principle created by a judge when they are faced with a point of law for which there is no existing precedent. A key example is *Airedale NHS Trust v Bland*, where the court had to decide for the first time whether it was lawful to withdraw life-sustaining treatment from a patient in a persistent vegetative state.
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What are the three exceptions from *Young v Bristol Aeroplane Co Ltd*?
These are the limited situations where the Court of Appeal (Civil Division) can depart from its own past decisions: 1. Where there are two conflicting Court of Appeal decisions. 2. Where a past Court of Appeal decision has been implicitly overruled by the Supreme Court. 3. Where a decision was made 'per incuriam' (in error, by missing a relevant statute or precedent).
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Explain 'persuasive precedent' and give two sources.
A precedent that is not binding but may be considered by a judge. Sources include: 1. Obiter dicta from senior courts. 2. Decisions from courts in other common law jurisdictions (e.g., Australia, Canada). 3. Dissenting judgements. 4. Decisions of the Judicial Committee of the Privy Council.
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What is 'reversing' a decision?
Reversing occurs when a higher court, on appeal in the same case, overturns the decision of the lower court. For example, the Court of Appeal might reverse a High Court judgment.
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What is the role of the Judicial Committee of the Privy Council (JCPC)?
The JCPC is the final court of appeal for several Commonwealth countries and UK overseas territories. Its decisions are not binding on English courts but are highly persuasive due to the seniority of the judges, who are often also Supreme Court justices.
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What is the significance of law reporting for judicial precedent?
Reliable law reports (e.g., The Law Reports, Weekly Law Reports) are essential for the doctrine of stare decisis. They provide an accurate, permanent record of judgments, allowing lawyers and judges to find the ratio decidendi of past cases to apply in current ones.
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What does 'per incuriam' mean?
Latin for 'through lack of care'. It is one of the exceptions from *Young v Bristol Aeroplane*, allowing the Court of Appeal to avoid its own precedent if the earlier decision was made in ignorance of a relevant statute or binding case law.