Judicial Precedent

Overview of Judicial Precedent. 

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What is Common Law?
Law that is developed by the decisions of judges in various cases and has no legal definition.
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What are the 3 divisions of the High Court?
The Queens Bench Division, The Chancery Division and the Family Division.
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What divisions in the High Court are bound by their previous decisions?
The Chancery Division and the Family Division.
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What are the 3 circumstances where the Court of Appeal can refuse to follow a previous decision?
1) 2 Conflicting Court Of Appeal decisions 2) Per incurium 3) Later conflicting House Of Lords/ Supreme Court decision.
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What is the binding part of the judgement?
Ratio Decidendi
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What is a case example for ratio decidendi?
Donoghue v Stevenson
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What does the term Ratio Decidendi mean?
The reason for the decision.
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What does Obiter Dicta mean?
Things said by the way.
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What is a case example for Obiter Dicta?
DPP v Smith
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What does the term Stare Decisis mean?
To stand by what has been decided.
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What is distinguishing?
Where the facts in a case are similar but there is an important difference identified by the court.
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Name a case for Distinguishing.
Balfour v Balfour
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What is reversing?
Where a higher court alters the decision of a lower court.
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Name a case for Reversing.
Sweet v Parsley
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What is overruling?
Where a higher court may decide that the ratio decidendi set by a lower court is wrong.
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Name a case for Overruling.
Herrington v BRB and Addie v Dumbreck.
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Which case sets out the circumstances in which the Court Of Appeal can depart from its own previous decisions?
Young v Bristol Aeroplanes.
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Name an example where the circumstances in Young v Bristol Aeroplanes were used.
Kent v Millmead.
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What courts decisions are binding on all UK courts?
European Court Of Justice
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In 1966 what did the Supreme Court (formerly the House of Lords) issue and what did it do?
They issued the Practice Statement and it gave them the power to part from their own previous decisions.
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Other cards in this set

Card 2

Front

What are the 3 divisions of the High Court?

Back

The Queens Bench Division, The Chancery Division and the Family Division.

Card 3

Front

What divisions in the High Court are bound by their previous decisions?

Back

Preview of the front of card 3

Card 4

Front

What are the 3 circumstances where the Court of Appeal can refuse to follow a previous decision?

Back

Preview of the front of card 4

Card 5

Front

What is the binding part of the judgement?

Back

Preview of the front of card 5
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