Judicial Precedent - UK Law Trivia Quiz

Answer: Stand by what has been decided

This is the main principle of the system of Precedent, which means that lower courts are bound to apply the legal principles set down by higher courts in earlier cases. This provides consistency and predictability in the law.

Answer: Ratio Decidendi

This means "the reason for deciding". this is important because it creates precedent for judges to follow in the future, e.g. In the case of Donoghue v Stevenson (1932) the principal that,"the manufacturer owes a duty of care to the customer" was established.

Answer: Law made by a judge

The English legal system allows judges to "make law" and the law they make is called "common law". However they still need to interpret law made by Parliament in the courts. They have quite a bit of freedom to do this and can adapt the law depending on the facts of the particular case before them.

The reason for which they make the decision in a particular case will be based on legal principles. These will set precedents which must be followed by other Courts in order to ensure a certain and just system.

Answer: 1966

This enables the House of Lords to depart from their previous decisions when it appears right to do so. This only applies to the House of lords. They can only be able to depart from their previous decisions when:
-To avoid injustice in the present case.
-To avoid restricting the proper development of the law.
-If a previous decision has been made "per incuriam" (in error).

Answer: Obiter Dicta

Other types are; decisions made by the European Court of Justice or the Judicial Committee of the Privy Council, decisions by lower courts, decisions from a dissenting judge. Persuasive precedents help the judges understand and interpret the law the correct way.

They are not bound to follow these but can be persuaded by them. This was shown in the case of R v Howe (1987) the obiter "duress is not a defense to attempted murder" was then applied in the case of R v Gotts as a Ratio Decidendi, "duress is not a defense to murder", which is now a binding precedent.

Answer: R v Shivpuri

In criminal law where the liberty and reputation of the subject is at stake the lords was more than willing to overrule itself. In this case, only a year after a previous decision R v Shivpuri(1986) overruled the case of Anderton v Ryan (1985).

Answer: When it appears right to do so

This was instilled by the Lord Chancellor in 1966. The House of Lords recognised that they might sometimes make errors and the most important thing was to put the law right. Where the Practice Statement is used to overrule a previous decision, that past case is then effectively ignored.

Answer: True

A judge can also reverse, overrule or distinguish a decision. Distinguishing is the one most used because it can be done by any court, but for overruling and reversing some lower courts may not have this power available to them.

Answer: Time Saving

It saves court time as for most situations there is already an existing solution. So instead of waiting for Parliament to make law they can just allow evolvement of the law in the right way.

Answer: Slow development

The law is slow to develop under the system of Judicial Precedent. The law cannot be changed until a case on a particular point of law comes before one of the higher appellate courts.