Judicial precedent

• What does "undemocratic" refer to in the context of judges?

  Judges are not elected.
• What are law reports?

  Written records of judgments.
• What does "per incuriam" mean?

  It means "in error".
• What are courts of first instance?

  Trial courts.
• What does "stare decisis" mean?

  Court is bound by previous decisions.
• What are appellate courts?

  Courts that hear appeals.
• What does "obiter dicta" refer to?

  Other statements made in a judgment.
• What is "ratio decidendi"?

  The reason for the decision.
• What does "binding" mean in legal precedent?

  Precedent must be followed in similar cases.
• What is an "original" precedent?

  Precedent made for the first time.
• What does "persuasive" precedent mean?

  Precedent that judges can choose to follow.
• What is "distinguishing" in legal terms?

  A method to avoid following precedent.
• What are Commonwealth countries known for?

  Having a higher court of appeal.
• What is the Judicial Committee of the Privy Council?

  Highest court of appeal for Commonwealth countries.
• What was the significance of London Street Tramways v London CC (1898)?

  Supreme Court bound itself to precedents.
• What does the Practice Statement 1966 signify?

  Supreme Court does not bind other work.
• How do R v Howe and Donoghue v Stevenson illustrate legal principles?

  They show how ratio and obiter work.
• What principle was established in Donoghue v Stevenson?

  Created the neighbour principle of care.
• What does Milirrpum v Nabalco demonstrate?

  Shows Lord Denning shaping law.
• What was the ruling in R v Miller regarding mental rape?

  Court followed the Court of Appeal ruling.
• What is the significance of AG for Jersey v Holley/Edwards v Canada?

  Decisions made using Judicial Committee of Privy Council.
• What does the Temple Union (Withdrawal Agreement) Act 2020 signify?

  CEU is no longer applicable.
• What is the role of ratio decidendi in legal cases?

  Precedent is expected in similar cases.
• What is binding precedent?

  Judge must follow a past decision.
• What is the purpose of distinguishing in legal cases?

  Avoid following precedent by showing differences.
• What does overruling mean in legal terms?

  Higher court overturns a lower court's decision.
• What is the difference between overruling and reversing?

  Overruling is a higher court's action; reversing is on appeal.
• What does DPP v Smith illustrate about legal doctrine?

  Looser doctrine should not be left to Parliament.
• What was the ruling in R v R regarding domestic purposes?

  Court's interpretation was sufficient for domestic purposes.
• What does Anderson v Ryan (Shipyard) exemplify?

  Case example of overruling previous precedent.
• What does Addie v Dumbreck demonstrate?

  Case example of distinguishing similar facts.
• What does Young v Bristol Aeroplane Co Ltd illustrate?

  Case example of overruling previous precedent.
• What does Davis v Johnson exemplify?

  Case example of overruling previous precedent.
• What does R v Howe demonstrate in terms of precedent?

  It is an example of overruling precedent.
• What does R v Gotts illustrate regarding legal precedent?

  It is an example of overruling precedent.
• What does "reversing conflict" refer to?

  Later interpretations show self-binding of the Court of Appeal.
• What does "per incuriam" imply for the Court of Appeal?

  Not to follow precedents if misinterpreted.