Chapter 9: Civil Case Law and Precedent

Flashcards covering civil case law, precedent origins, court hierarchy, ratio decidendi, obiter dicta, legal terminology, and case reports from Chapter 9.

What key idea was established in Semayne’s Case?

The principle that a "home is a castle".

According to Blackstone, what is the function of judges regarding the law?

Judges declare existing law.

What does the Latin term stare decisis translate to?

Let the decision stand.

Which courts are bound by the decisions of the Supreme Court?

All lower courts.

Is the Supreme Court bound by its own previous decisions, and what mechanism governs this?

No, it is not bound by itself, under the 1966 Practice Statement (which is used sparingly).

Is the Court of Appeal bound by its own prior decisions?

Yes, except where the Young v Bristol Aeroplane exceptions apply.

What are the three Young v Bristol Aeroplane exceptions that allow the Court of Appeal to depart from an earlier decision?

The Court of Appeal may depart where its earlier decision: 1. conflicts with another of its decisions, 2. has been implicitly overruled by the Supreme Court, or 3. was per incuriam (carelessness).

Is the High Court (appellate/Divisional) bound by its own prior decisions?

Yes, subject to the same exceptions as the Court of Appeal (the Young v Bristol Aeroplane exceptions).

Which court is bound by decisions of the High Court sitting at first instance?

The County Court.

Is the High Court (first instance) bound by its own prior decisions?

No, but it tries to be consistent.

Which bodies or courts are bound by decisions of the County Court, Family Court, and tribunals?

Nobody.

What is the binding authority of decisions made by the JCPC?

The JCPC binds nobody; its decisions are persuasive only.

Under what conditions does a judicial decision become binding on a future court?

A decision binds if there is a proposition of law, forming part of the ratio, from a binding court, with no relevant distinction.

What is the definition of ratio decidendi?

The central legal reasoning based on material facts.

Which case illustrates that a ratio decidendi can be narrow or wide (manufacturer’s duty versus neighbour principle)?

Donoghue (with Caparo also noted).

Which case is cited as an example of a decision that may have several ratios?

Esso.

What are obiter dicta and what is their precedential status?

Statements not necessary to the decision; they are persuasive only.

What case sequence is used to show that obiter dicta can later become ratio?

High Trees, which later became ratio in Combe v Combe.

In legal terminology, what does distinguishing mean?

The facts differ, so the precedent does not apply.

In legal terminology, what does overruling mean, and what case example is given?

A higher court declares an unrelated earlier case wrong (e.g., Ivey overruled Ghosh).

In legal terminology, what does reversing mean?

A higher court disagrees in the same case on appeal.

In legal terminology, what does departing mean, and what case example is given?

A court refuses to follow an equal-level decision (e.g., Pepper v Hart departed from Davis v Johnson).

In legal terminology, what is the meaning of affirming?

A higher court agrees with the lower court.

In legal terminology, what is meant by applying a precedent?

A court adopts reasoning from another case.

What standard elements make up a case report?

Name, citations, court and date, judges, headnote, “Held”, cases considered, then judgments (leading judge, concurring, dissenting).

At what stage of a judgment are ratios most likely to be located?

In the stage where the law is applied to facts.

What example is given to illustrate that old precedents can strain in modern settings?

Boots and online shopping.