latin for stand by what has been decided, do not sway
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What does Res Judicata mean?
A matter that has already been discussed?
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What does obiter dicter mean?
A hypothetical statement made by a judge that is meant as by the way and does not effect the case outcome
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What is dissenting judgement?
Dissenting judgement means the minority judgement in a case, the judge/s who disagree with the majority and then must write a statement about as to why they disagree
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What is the ratio decidendi?
The reasons for deciding a case, the only part of a case that forms the precedent
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What is original precedent?
Judge made law that has not yet been covered by the facts or an earlier case and forms a binding precedent
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What is Binding precedent?
Precedent that has been made in a case that has to be followed by all inferior courts
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What is persuasive precedent?
Precedent that does not have to be followed but can be encouraged to be followed by the lower courts
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What is a case example of original precedent?
Donoghue v Stevenson and London street tramways
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What is a case example of obiter dicter?
Hill v Baxter and R v Howe
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A case involving the JCPC and Persuasive Precedent?
The Wagon Mound
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Who and when was there Practice Statement issued?
1966 by Lord Gardner
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What is the Practice Statement?
States that Judges in the Supreme Court can depart from binding precedent "when they feel right to do so"
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What is the case that stated the Supreme Court is bound by its previous decisions?
London street tramways
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A case example of the use of the Practice Statement?
Pepper v Hart ( departed from Davis v Johnson) and Herrington v BRB
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What is the case that says the Court of Appeal can depart from binding precedent?
Young v Bristol Aeroplane and co
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What are 3 criteria that says a case can depart from being bound?
1) The previous case was per incuriam, 2) Where a more recent supreme court case clearly overrules the previous case at hand 3) There is a conflicting decision in a past CoA case, the CoA can choose which case to follow
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What is a case example of The CoA departing from binding precedent?
Davis v Johnson
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What are all the Civil Courts?
County Court, High Court, Court of Appeal, Supreme Court, civil cases can also sometimes go to the Magistrates
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What are all the Criminal Courts?
Crown Court, Magistrates Court, Coroners Court, Old Bailey, other appellate courts
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