LAWS101 Case law

When reading a case, what 11 things do you need to look for?

1. What court decided the case?

2. When did the court hear the case?

3. When did the court issue it’s decision?

4. Who are the parties to the case?

5. Why are the parties called (1) and (2)?

6. What are the key facts in under 100 words?

7. What is the legal issue before the court?

8. What does the (1) say about the legal issue?

9. What does the (2) say about the legal issue?

10. What decision does the court reach?

11. What rules of law were applied and the reasoning?

What is ‘ratio decidendi’?

The reason for the decision, based on the facts, reasons from the court, and the decision itself.

What is ‘obiter dicta’?

Comments and observations made in passing that do not contribute to the ratio but can be useful for future, like cases.

What is ‘stare decis‘?

The doctrine of precedent: a guideline that determines if a court is required to follow a prior decision.

What is the purpose of ‘stare decis’?

Promotes consistent development of legal principles, fosters reliance of judicial decisions, and contributes to the integrity of judicial processes.

How is ‘stare decis’ structured/applied?

Vertically, lower courts need to follow higher court’s decisions in the hierarchy of courts. Higher court decisions are perceived as more likely to be ‘right’.

How can lower courts depart from ‘stare decis’?

Interpreting the ratio and distinguishing the cases

How can interpreting the ratio allow departure from ‘stare decis’?

The prior cases ratio can be interpreted narrowly and therefore not apply to the current case.

How can distinguishing the cases allow departure from ‘stare decis’?

Judges can take advantage of the ‘like cases’ rule and distinguish the current case based on it’s facts, permitting departure from stare decis.

Why do lower courts sometimes need to depart from ‘stare decis’?

Sometimes necessary to ensure justice is served. Society changes with time, law needs to change alongside it too, ensuring that law serves us collectively.

What is the second form of ‘stare decis’?

Horizontal stare decis

How does the second form of ‘stare decis’ work?

Precedent between the same courts and their decisions in the past.

What is the impact of horizontal ‘stare decis’?

The ratio of past cases have a strong persuasive effect, especially if the ratio has been enforced over many years. There needs to be a very strong reason to depart from horizontal 'stare decis.