Podcast
Questions and Answers
Which court is NOT bound by the decisions of the Court of Justice of the European Union when the UK is no longer part of the EU?
Which court is NOT bound by the decisions of the Court of Justice of the European Union when the UK is no longer part of the EU?
Which type of stare decisis applies to the Court of Appeal's Civil Division?
Which type of stare decisis applies to the Court of Appeal's Civil Division?
What change was proposed regarding lower courts in relation to CJEU judgments after Brexit?
What change was proposed regarding lower courts in relation to CJEU judgments after Brexit?
Which court does NOT follow vertical stare decisis?
Which court does NOT follow vertical stare decisis?
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Which statement is TRUE regarding the European Court of Human Rights?
Which statement is TRUE regarding the European Court of Human Rights?
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Which court has the ability to follow previous decisions but is not strictly bound by them?
Which court has the ability to follow previous decisions but is not strictly bound by them?
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What is the primary role of the Court of Justice of the European Union?
What is the primary role of the Court of Justice of the European Union?
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Which of the following courts follows horizontal stare decisis?
Which of the following courts follows horizontal stare decisis?
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What is the status of decisions made by the European Court of Human Rights in England and Wales?
What is the status of decisions made by the European Court of Human Rights in England and Wales?
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What is the primary binding nature of the Court of Appeal in relation to the Supreme Court?
What is the primary binding nature of the Court of Appeal in relation to the Supreme Court?
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Under what circumstance can the Court of Appeal depart from its own previous decisions, according to Young v Bristol Aeroplane Co.Ltd?
Under what circumstance can the Court of Appeal depart from its own previous decisions, according to Young v Bristol Aeroplane Co.Ltd?
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Which of the following statements is true regarding the self-binding rule of the Court of Appeal?
Which of the following statements is true regarding the self-binding rule of the Court of Appeal?
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Which court's decisions must the Court of Appeal follow when there is a conflict?
Which court's decisions must the Court of Appeal follow when there is a conflict?
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How does the Court of Appeal generally treat its previous decisions?
How does the Court of Appeal generally treat its previous decisions?
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In which situation does the Court of Appeal have the discretion not to follow its previous decisions?
In which situation does the Court of Appeal have the discretion not to follow its previous decisions?
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What is the unique aspect of Lord Denning's attempts regarding the Court of Appeal?
What is the unique aspect of Lord Denning's attempts regarding the Court of Appeal?
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What does it mean for a superior court to 'depart' from a previous decision?
What does it mean for a superior court to 'depart' from a previous decision?
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In what scenario may the Supreme Court decide to depart from a precedent?
In what scenario may the Supreme Court decide to depart from a precedent?
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What is the meaning of 'overrule' in the context of legal precedent?
What is the meaning of 'overrule' in the context of legal precedent?
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Which term describes a court explicitly stating that a previous decision is wrong?
Which term describes a court explicitly stating that a previous decision is wrong?
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What does the term 'quash' typically refer to in the legal context?
What does the term 'quash' typically refer to in the legal context?
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What happens when a conviction is quashed?
What happens when a conviction is quashed?
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Which expression is commonly used when the Court of Appeal changes the outcome of a High Court ruling?
Which expression is commonly used when the Court of Appeal changes the outcome of a High Court ruling?
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Which of the following statements is true about the Supreme Court's right to depart from prior decisions?
Which of the following statements is true about the Supreme Court's right to depart from prior decisions?
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What does Andrew Ashworth argue regarding the status of the judge in relation to non-binding precedents?
What does Andrew Ashworth argue regarding the status of the judge in relation to non-binding precedents?
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Which of the following statements accurately reflects the principle of stare decisis?
Which of the following statements accurately reflects the principle of stare decisis?
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What issue is addressed by the doctrine of precedent in English law?
What issue is addressed by the doctrine of precedent in English law?
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What is indicated by the Bristol Aeroplane exceptions in relation to stare decisis?
What is indicated by the Bristol Aeroplane exceptions in relation to stare decisis?
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In what way might the judgment of the Supreme Court affect lower courts?
In what way might the judgment of the Supreme Court affect lower courts?
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How would the reporting of a Supreme Court judgment differ from that of a Court of Appeal judgment?
How would the reporting of a Supreme Court judgment differ from that of a Court of Appeal judgment?
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What does overruling a case imply about the precedent?
What does overruling a case imply about the precedent?
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What does the phrase 'making a mockery of the principle of stare decisis' imply about the Bristol Aeroplane exceptions?
What does the phrase 'making a mockery of the principle of stare decisis' imply about the Bristol Aeroplane exceptions?
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What role do online resources serve in relation to the examination of judicial principles?
What role do online resources serve in relation to the examination of judicial principles?
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What is the difference between reversing a case and overruling it?
What is the difference between reversing a case and overruling it?
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What action must an inferior court take when presented with a binding authority from a superior court?
What action must an inferior court take when presented with a binding authority from a superior court?
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When might a lower court choose to distinguish a case?
When might a lower court choose to distinguish a case?
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Which of the following is NOT a method available to inferior courts for dealing with binding authority?
Which of the following is NOT a method available to inferior courts for dealing with binding authority?
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Why might an inferior court have fewer avenues available compared to superior courts?
Why might an inferior court have fewer avenues available compared to superior courts?
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In which scenario is the term 'reversing' particularly relevant?
In which scenario is the term 'reversing' particularly relevant?
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Which case illustrates the principle of distinguishing a precedent?
Which case illustrates the principle of distinguishing a precedent?
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What is a primary reason that law is often slow to develop and adapt?
What is a primary reason that law is often slow to develop and adapt?
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Under what circumstances can the Court of Appeal depart from a previous decision?
Under what circumstances can the Court of Appeal depart from a previous decision?
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In the case of R v Barton, what was the Supreme Court's directive regarding lower courts?
In the case of R v Barton, what was the Supreme Court's directive regarding lower courts?
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What does the term 'per incuriam' refer to in legal context?
What does the term 'per incuriam' refer to in legal context?
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Why might many areas of law remain outdated?
Why might many areas of law remain outdated?
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What does the Court of Appeal need to have in order to depart from a previous decision regarding conflicting decisions?
What does the Court of Appeal need to have in order to depart from a previous decision regarding conflicting decisions?
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What is the implication of a ruling being described as 'obiter dicta'?
What is the implication of a ruling being described as 'obiter dicta'?
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What is a significant issue identified with the current state of law?
What is a significant issue identified with the current state of law?
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Study Notes
Sources of Law II: Case Law
- Case law, also known as common law, is a set of judge-made rules with binding or persuasive effects on future cases.
- Judge-made law arises when a member of the judiciary decides a case in a specific way, leading to the development of a particular piece of law.
- The doctrine of precedent is a system of case law, which may or may not be binding on lower courts.
- Binding precedent depends on the presence of a statement of law (ratio decidendi) versus fact, the reasoning behind the decision, and the decision of a superior court.
- Certain courts are bound to follow previous judgments while others, due to seniority, can ignore them.
- Judges develop judicial precedent in their quasi-legislative capacity.
Chapter Overview
- Generally, the Privy Council and the Court of Justice of the European Union have persuasive authority only on matters of EU law.
- The Supreme Court binds all lower courts and is generally bound by itself.
- The Court of Appeal binds all lower courts and is generally bound by itself.
- Divisional courts and High Courts bind all lower courts but are not bound by themselves.
- County courts, Family Courts, and Crown Courts bind no other courts.
- Magistrates’ courts bind no other courts.
The Common Law: An Introduction
- Common law systems differ from civil law systems in their reliance on case law.
- Civil law systems use codes as their primary source of law, with less emphasis on case law precedent.
- Equity, a separate source of law, developed to mitigate the harshness of common law in 15th-century England.
- The Court of Chancery established equitable principles, which differ from common law.
- The Supreme Court Judicature Acts of 1873 and 1875 merged common law and equity.
Common Law as Case Law
- Common law, in this chapter, refers to case law, law developed through judicial decisions.
- Judge-made law describes how a member of the judiciary decides a case and develops a particular piece of law.
- Judgements are legal decisions of judges and are either binding or persuasive, depending on their authority level.
Case Law: General Principles
- Case law includes core principles, a doctrine of precedent, where a lower court may or may not have to follow a previous, higher court decision.
- Binding precedent requires a statement of law, distinguishing between facts and actual legal decision (ratio decidendi), and the decision from a superior court.
Statement of Law
- The requirement for a binding precedent involves a statement of law, not a statement of facts or other aspects that are not reasoned legal decision.
- The statement of law is divided into ratio decidendi (reason for the decision) and obiter dictum (other statements made).
Ratio Decidendi
- The ratio decidendi, or 'ratio', is the legal reasoning for a decision.
- This reasoning provides the legal principle lower courts must follow.
Obiter Dicta
- Obiter dicta are statements of law not essential to the decision but may be persuasive to future courts.
- Examples, hypotheticals, and broader principles fall under obiter dicta.
Superior Courts
- Binding precedent applies when a higher court’s decision applies to a lower court’s case.
- Supreme Court rulings are binding on all lower courts and the court itself.
- Courts are typically bound by their own previous decisions unless the Bristol Aeroplane exceptions apply.
Binding vs Persuasive Precedent
- Binding precedent comes from a similar case or facts at least in a 'similar' nature as the superior court’s, and a higher court’s opinion binding.
- Persuasive precedent includes dissimilar facts or statements of law not essential to the decision or lower court's opinion.
Other Sources of Persuasive Authority
- Academic commentary in textbooks and legal journals
- Decisions from other legal systems, particularly common law jurisdictions
- Relevant case law from non-binding superior courts
- Binding precedent from the Court of Appeal
- Binding precedents from the Court of Appeal.
Court Structures
- The court structure influences how precedents apply and what precedent lower court (e.g., county courts) can follow.
- Supreme Court rulings are binding on lower courts, while the Court of Appeal binds lower courts, but it is persuasive to the Supreme Court.
To Follow or Not to Follow Precedent
- The superior courts may follow, affirm, consider, or depart from a precedent.
- Distinguishing facts avoids applying a binding precedent.
- Overruling a precedent establishes a new legal principle.
- Reversing a lower court decision establishes a new precedent from the perspective of a superior court that the lower court ruling was incorrect or mistaken.
Judicial Law-Making
- Judges can create binding precedent through their decisions despite not intending to do so.
- This happens when establishing new legal principles for lower courts.
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Description
Explore the intricacies of case law in this quiz that covers the doctrine of precedent, binding and persuasive authority, and the roles of various courts. Delve into how judge-made law shapes future cases and the significance of judicial decisions. Perfect for law students and legal enthusiasts looking to deepen their understanding.
