judicial precedent

• whats judicial precedent?


  past decisions of judges create law for future judges to follow, based on common law
• whats the order of criminal court hierarchy?

  criminal cases

  court of appeal

  kings bench

  crown court

  magistrates court
• what’s the hierarchy of civil court cases?

  civil cases

  court of appeal

  high court

  county court

  magistrates court
• whats state decisis?


  to stand by what’s been decided
• whats ratio deciendi ?


  Reason for the decision
• what’s ober dicta?

  things said by the way or other things said
• What is the principle of stare decisis?


  To stand by what has been decided.
• What does 'ratio decidendi' refer to?


  The reason for the decision made by a judge.
• What is the significance of 'obiter dicta' in legal decisions?


  It refers to comments made that are not crucial to the case outcome.
• Since when has law reporting existed?

  Since the 13th century.
• What was established in 1865 regarding law reporting?


  The Council of Law Reporting was set up to improve accuracy.
• What are the types of precedents?

  1. Original precedent: A new point of law.
  2. Binding precedent: Must be followed by lower courts.
  3. Persuasive precedent: Not binding but can influence decisions.
  4. Courts lower in the hierarchy: Must follow decisions from higher courts.
• What is an example of an original precedent?


  Donoghue v. Stevenson.
• What is a binding precedent?


  A precedent from an earlier case that must be followed in later cases.
• What does persuasive precedent mean?


  A decision that does not need to be followed but can influence a judge's decision.
• What is the role of appellate courts?


  To hear appeals and decide laws.
• What is the hierarchy of courts in relation to precedent?


  Every court is bound to follow decisions made by courts above it in the hierarchy.
• What is the significance of the Supreme Court's decisions?


  They bind all lower courts.
• What does the Practice Statement of 1966 allow?


  It allows the Supreme Court to depart from precedent when it seems right to do so.
• What are the advantages and disadvantages of precedent?


  Advantages:

  • Consistency and fairness in similar cases.
  • Credibility of the law.

  
  

  Disadvantages:

  • Complexity and potential illogical decisions.
  • Time-consuming processes.
• What is the role of the Judicial Committee of the Privy Council?


  It provides judgments that may be followed but are not binding.
• What is the significance of the case R v. Shivpuri?


  It established that one can attempt the impossible in law.
• How does distinguishing work in legal precedent?


  It allows a judge to avoid applying a precedent by highlighting differences in facts.
• What is the significance of the case Pepper v. Hart?


  It allowed the use of Hansard for statutory interpretation.
• What does the term 'overruling' mean in legal context?


  When a higher court states that a previous decision was wrong.
• What is the role of the Court of Justice of the European Union (CJEU) in relation to national courts?


  Its points of EU law were binding on all national courts.
• What is the current status of CJEU precedents after leaving the EU?


  We are no longer bound to follow precedents set by the CJEU.
• How does the concept of 'distinguishing' affect legal decisions?


  It allows judges to differentiate cases based on specific facts, affecting the application of precedent.
• What is the significance of the case R v. G (2003)?


  It overturned the objective test for recklessness established in Caldwell (1981).
• What does the term 'precedent' refer to in law?


  A legal decision that serves as an example for future cases.
• How does the hierarchy of courts affect the application of precedent?


  Lower courts must follow decisions made by higher courts, ensuring consistency in the law.