Judicial Precedent

• What is the common law system primarily based on?

  Law established by judges
• How does the common law system ensure consistency and predictability?

  By applying past decisions and reinforcing legal principles
• What Latin term embodies the concept of judicial precedent?

  Stare decisis
• What does "stare decisis" mean in the context of judicial precedent?

  'Stand by what has been decided'
• When should a court follow a decision made in a previous case, according to stare decisis?

  When the point of law is the same
• What is the benefit of following precedent in law?

  Provides certainty and fairness
• What is the meaning of the Latin term "ratio decidendi"?


  'The reason for the decision'
• Where can the ratio decidendi be found?

  In the judge's judgement
• Why can it sometimes be difficult to identify the ratio decidendi?

  Judges may provide multiple judgements
• What does it mean when a judge says they 'agree' with a judgement?

  They support the reason for the decision
• What is the effect of multiple judgements on the ratio decidendi?

  It can lead to more than one
• What distinguishes ratios that must be followed from those that are merely a guide?

  The court's hierarchy
• Which type of case must apply and follow the ratio decidendi?

  All similar, subsequent cases
• What does "obiter dicta" mean?

  'Other things said'
• What aspect of a judgement is binding on other courts?

  The ratio decidendi
• How does obiter dicta affect other courts?

  It is a persuasive element
• What difficulty arises when the ratio decidendi is written in continuous prose?

  Deciding what the ratio is
• What is original precedent?

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

  Precedent that must be followed
• What should a judge do when faced with binding precedent?

  Follow the legal principle
• What is persuasive precedent?

  Precedent that may persuade a judge
• What is judicial precedent?

  Past decisions of superior courts followed by inferior
• In what scenario does judicial precedent apply?

  If the cases are similar
• What does 'stare decisis' mean in the context of judicial precedent?

  To 'stand by what has been decided'
• How does judicial precedent maintain consistency and fairness?

  Inferior courts follow superior courts' decisions
• What role does ratio decidendi play in judicial precedent?

  'The reason for the decision'
• How does the binding force of different ratio decidendis vary?

  Some must be followed, some are guidance
• What principle did Lord Atkin's neighbour principle establish?

  Duty of care
• What does "obiter dicta" refer to in legal terms?

  'Other things said'
• What effect does obiter dicta have on other courts?

  It acts as a persuasive element
• How might obiter dicta influence a High Court's decision?

  By providing persuasive arguments
• What is the relationship between judicial precedent and the court hierarchy?

  Judicial precedent relies on it
• Which courts are considered superior courts in the English legal system?

  Supreme Court and Court of Appeal
• Which courts must follow precedents set by the Supreme Court?

  All inferior courts
• What are the methods of avoidance for existing precedents?

  • Distinguishing
  • Overruling
  • Reversing
  • Departing
• Which courts can use overruling and departing?

  Only superior courts
• Which courts can use reversing?

  Only in appeals
• What is the effect of overruling a previous decision?

  Outcome of decided cases remain
• What legal area do Hedley v Byrne and Co v Heller and Partners Ltd represent?

  Negligent misstatement
• What was overruled by Hedley v Byrne and Co v Heller and Partners Ltd?

  Candler v Care Christmas and Co's precedent