Judicial precedent

• What is the term for law made by judges?

  Judge-made law
• Why do judges create law?


  To fill in gaps when there is no primary or secondary legislation applicable
• What principle does judicial precedent uphold?


  Like cases should be treated alike
• What are Law Reports?


  Records of past judicial decisions
• What is an example of a judge-made law?

  Lord Coke’s definition of murder from 1797
• What does the Latin maxim "Stare decisis" mean?


  Stand by what has been decided
• How does the Supreme Court relate to judicial precedent?


  It is not strictly bound by its own decisions but generally follows them
• What is the highest domestic court in the UK?

  The Supreme Court
• What is the role of the Court of Appeal in relation to the Supreme Court?


  It is bound by the decisions of the Supreme Court
• What is the Practice Statement of 1966?


  A statement allowing the House of Lords to depart from previous decisions
• What does "Ratio Decidendi" refer to in a judgment?


  The reason for deciding a case
• What is "Obiter Dicta"?


  Other things said in a judgment that are not binding
• How do "Ratio Decidendi" and "Obiter Dicta" differ?


  Ratio Decidendi is binding, while Obiter Dicta is not
• What is the significance of the case Donoghue v Stevenson (1932)?


  It established original precedent for a new point of law
• What does "Binding Precedent" mean?


  Precedent that must be followed in subsequent cases
• What is "Persuasive Precedent"?


  Precedent that a judge may choose to follow but is not obligated to
• How can a judge distinguish a case?

  By finding that the material facts are sufficiently different
• What does it mean to "overrule" a decision?


  To overturn a decision made by a lower court
• What is the effect of the Practice Statement 1966 on previous decisions?


  It allows the Supreme Court to overrule its past decisions
• What is the role of the Appellate Court?


  To hear appeals from trial court decisions
• What is the difference between civil courts and criminal courts?


  Civil courts hear civil cases, while criminal courts hear criminal matters
• What are the key components of a judgment?

  • Ratio Decidendi: The binding reason for the decision
  • Obiter Dicta: Other remarks that are not binding
• How does the hierarchy of courts operate in relation to judicial precedent?


  • Higher courts set binding precedents for lower courts
  • Lower courts must follow the decisions of higher courts
  • Courts can distinguish cases based on material facts
• What are the types of precedent?

  • Binding Precedent: Must be followed
  • Original Precedent: New law established
  • Persuasive Precedent: Not obligatory to follow
• What are the implications of the Practice Statement 1966?


  • Allows the Supreme Court to overrule past decisions
  • Provides guidance on when to depart from precedent
  • Aims to balance certainty and justice in law
• What is the significance of the cases R v Howe and R v Gotts?


  • R v Howe established that duress cannot be a defense to murder (ratio)
  • R v Gotts followed Howe's obiter dicta regarding attempted murder
• What is the role of the Supreme Court in the UK legal system?


  • Highest domestic court
  • Has the ultimate right to overrule its past decisions
  • Provides guidance on the application of law
• What is the difference between distinguishing and overruling in judicial precedent?


  • Distinguishing: Finding material facts are different, creating a new variation
  • Overruling: Higher court overturns a previous decision
• What is the significance of the case British Railways Board v Herrington?


  • Established a general duty of care towards trespassers where risks are foreseeable
• What does the term "disapproval" mean in the context of judicial precedent?


  • A method for judges to express disagreement with a precedent without changing the outcome
• What is the role of the Courts of First Instance?


  • They are trial courts where cases are first heard
• What is the significance of the case Anderton v Ryan?


  • Established that belief was not enough to amount to an attempt
• What is the significance of the case R v Dietschmann?


  • The Court of Appeal's decision was reversed by the House of Lords, changing the legal ruling
• What is the role of the Judicial Committee of the Privy Council?


  • It serves as the highest court of appeal for many Commonwealth countries
• What is the significance of the case Pepper v Hart?


  • Allowed the use of Hansard in legal proceedings
• What is the significance of the case Davis v Johnson?


  • Established that Hansard could not be used in legal proceedings
• What is the significance of the case Merritt v Merritt?


  • Established intention to create legal relations in a written agreement after separation
• What is the significance of the case Balfour v Balfour?


  • Established that there was no intention to create legal relations in a verbal agreement between spouses
• What is the significance of the case R v R?


  • The House of Lords agreed with the Court of Appeal's decision
• What is the significance of the case Attorney General for Jersey v Holley?


  • A decision made by the Judicial Committee of the Privy Council