Judicial precedent
12 important questions on Judicial precedent
What is the doctrine of precedent in law-making?
- Doctrine of Precedent: Refers to the source of law where past decisions form future legal guidelines.
- Promotes fairness and certainty.
- A type of common law.
What is the hierarchy of the courts for civil cases?
- Supreme Court (S)
- Court of Appeal (EA)
- Divisional Courts (D)
- High Courts (H)
- County Courts (C)
- Magistrates Courts (M)
What is the hierarchy of the courts for criminal cases?
- Supreme Court (S)
- Court of Appeal (EA)
- Queen's Bench Divisional Court (Q)
- Crown Court (C)
- Magistrates Court (M)
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How are present cases treated under judicial precedent?
- Present cases are treated as similar to previous ones.
- Aims to promote fairness.
- Ensures legal certainty.
What is the principle of stare decisis?
- Stare decisis means to stand by decisions
- Ensures consistency in law by adhering to precedents
- Promotes stability in legal judgments
What are statements made obiter dicta?
- Statements in a judgment not part of the point of law.
- Example: Duress cannot be used as a defense to a criminal charge.
What did R v Howe (1987) decide regarding duress?
- Ruled duress cannot defend a murder charge.
- Lords commented it's unavailable with someone charged with murder.
- Followed by R v Gotts (1992).
What is obiter dicta?
- Obiter dicta includes statements made in passing
- Does not create binding precedent
- Complementary remarks to the main judgment
What is the practice statement's role in the Supreme Court?
- Allows Supreme Court to change law if earlier case was wrongly decided
- Not frequently used in criminal cases
- Promotes legal flexibility when necessary
What are the three types of legal precedent?
- Original: New decision forms new precedent.
- Binding: From an earlier case, binding on future cases.
- Persuasive: Not binding, but influential.
Describe the characteristics of an original precedent.
- Law never decided before.
- Judge makes new decision.
- Becomes a new precedent.
How does a persuasive precedent function?
- Not binding on the court.
- Judge may consider if principle is similar.
- Example: R v R (1991) influenced by similar reasoning.
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