Judicial Precedent

• What is primary legislation?

  Acts of Parliament
• What is delegated legislation?

  Secondary legislation
• What is judicial precedent?

  Judge-made law based on past decisions
• What are acts of Parliament?

  Primary legislation passed by Parliament
• What is case law also known as?

  Common law
• Why do judges create law?

  To fill gaps when no legislation applies
• What does "stare decisis" mean?

  Stand by what has been decided
• What is the role of law reports?

  Record past judicial decisions
• What is the significance of Lord Coke's murder definition?

  It is an example of judge-made law
• What is the general rule regarding lower courts and higher courts?

  Lower courts follow higher court decisions

  
• What is the highest domestic court in the UK?

  Supreme Court
• What does the Supreme Court's Practice Statement 1966 allow?

  Overrule previous decisions when appropriate
• What is the role of the Court of Appeal?

  Bound by the Supreme Court's decisions
• What is the difference between ratio decidendi and obiter dicta?

  Ratio is binding; obiter is persuasive
• How does a binding precedent operate?

  Must be followed in similar future cases
• What is an original precedent?

  A new point of law never decided before
• What is persuasive precedent?

  Judges can choose to follow it or not
• How does distinguishing differ from overruling?

  Distinguishing creates a new variation
• What does disapproval indicate in judicial decisions?

  Judges dislike a precedent but can't change it
• What is the effect of the Practice Statement 1966?

  Allows overruling of previous decisions
• What is the significance of the case Anderton v Ryan?

  It established a precedent regarding attempts
• What are the types of precedent in law?

  • Binding Precedent
  • Original Precedent
  • Persuasive Precedent
• What are the key elements of a judgment?

  • Ratio Decidendi (reason for deciding)
  • Obiter Dicta (other things said)
• How does the court hierarchy operate in relation to precedent?

  • Higher courts bind lower courts
  • Lower courts follow higher court decisions
  • Courts can create new precedents

  
• What is the role of the Supreme Court in the UK legal system?

  • Highest domestic court
  • Can overrule its own past decisions
  • Provides guidance on legal principles
• What is the difference between civil and criminal courts?

  • Civil Courts: Hear civil cases (e.g., personal injury)
  • Criminal Courts: Hear criminal matters (e.g., assault)
• What is the significance of the Practice Statement 1966 in judicial precedent?

  • Allows flexibility in following precedents
  • Enables the Supreme Court to overrule past decisions
  • Aims to prevent injustice in legal rulings

  
• What is the purpose of the Practice Statement 1966?

  To allow flexibility in legal precedents

  
• What power did the Supreme Court assume in 2009 regarding the Practice Statement?

  They could overrule previous decisions
• What happens when judges decide to use the Practice Statement?

  It overrules their previous decision
• What does the Practice Statement 1966 do to the binding ratio of an old case?

  Deletes it and replaces it with a new ratio
• What is the outcome for the overruled case when the Practice Statement is applied?

  The outcome does not change
• In Addie v Dumbrek [1929], when does an occupier owe a duty of care to a trespasser?

  If injuries are caused recklessly or deliberately
• What was the situation in British Railways Board v Herrington [1972] regarding trespassers?

  There is a general duty of care for foreseeable risks
• What did the House of Lords do in Pepper v Hart [1993] regarding Hansard?

  Overruled the previous ban on its use
• How does the Practice Statement treat criminal law differently?

  It states criminal law is treated differently
• What was established in R v Shivpuri [1986] regarding belief?

  Belief was not enough for an attempt
• What is the structure of the Court of Appeal?

  Divided into Civil and Criminal divisions

  
• Are the Court of Appeal and House of Lords bound by their previous decisions?

  Yes, both are bound by their past decisions
• What does the Young v Bristol Aeroplane Co Ltd [1944] case confirm?

  The self-binding rule of the Court of Appeal