precedent

• What is binding precedent?

  Must be followed by a court
• Why must binding precedent be followed?

  Even if a judge disagrees with it
• What is persuasive precedent?

  Not binding but may influence a judge
• How can persuasive precedent be used by judges?

  Judges may be persuaded to follow it
• What is original precedent?

  A new precedent formed by a judge's decision
• When does original precedent occur?

  When a point of law has never been decided
• What do judges do when there are no past cases?

  Look at the closest cases in principle
• What is reasoning by analogy?

  Using similar rules from analogous cases
• What are the two views of a judge's role?

  Declare existing law or create new law
• What was the case Hunter v Canary Wharf about?

  Residents impacted by high rises blocking TV
• What did the court look for in Hunter v Canary Wharf?

  Analogous or similar cases
• What was the outcome of Aldred’s case 1611?

  No right to a view was established
• What was the ruling in H v CW regarding tort?

  No tort of nuisance was committed
• What is the definition of binding precedent?

  A precedent that must be followed
• What must be true for binding precedent to apply?

  Facts must be similar to earlier cases
• What is an example of persuasive precedent?

  Decisions by the Privy Council
• What is the role of dissenting judgments?

  They provide alternative legal reasoning
• What are the four methods to avoid awkward precedent?

  Overruling, distinguishing, departing, reversing
• What does overruling mean in legal terms?

  Higher courts can change lower court decisions
• How does distinguishing work in legal cases?

  Finding material differences between cases
• What does departing from precedent mean?

  Supreme Court can change its previous decisions
• What is reversing in the context of legal decisions?

  Higher courts may change lower court rulings
• What was the case R v Shivpuri about?

  Conviction for attempting to smuggle drugs
• What precedent was overruled in R v Shivpuri?

  Conviction for attempting a crime
• What was the case R v Anderton and Ryan about?

  Conviction for believing a legitimate item was stolen
• How did Merritt v Merritt differ from Balfour v Balfour?

  Merritt had a written agreement, Balfour did not
• What was the outcome of Addie v Dunbreck?

  Rail track owners were not liable
• How did BRB v Herrington change the outcome of Addie v Dunbreck?

  Held rail track owners liable for trespassing
• What was the significance of R v R in legal history?

  It reversed the idea that a husband couldn't rape his wife
• What was the impact of the House of Lords Practice Statement 1966?

  Allowed HoL to depart from previous decisions
• What was the first use of the Practice Statement in a criminal case?

  R v Shivpuri in 1986
• What did Lord Gardiner explain about the Practice Statement?

  It would adapt English law to changing circumstances
• What was the first major use of the Practice Statement?

  Herrington v BRB in 1972
• How did the Practice Statement affect the judges' willingness to change precedents?

  Increased willingness to use the Practice Statement
• What was the outcome of the 2003 decision in the House regarding Caldwell Recklessness?

  It was overruled