Precddent (2): Applying Precdent In Practise Flashcards Preview

M9113: Legal Methods > Precddent (2): Applying Precdent In Practise > Flashcards

Flashcards in Precddent (2): Applying Precdent In Practise Deck (8)
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For a previous decision to be binding what is essential?

That the case is like


How is predictability guaranteed?

When like cases are treated like.


What’s required for treating like cases alike? What’s

Relevant facts/material facts, what’s relevant is dependant upon context.

Identify the ratio decidendi (the reason for deciding):
-what’s the rule or principle upon which the outcome of the case is based on

- what’s the rule of law/or principle which is relevant to the outcome.

- what’s the rule or principle if did not exist would result in a different outcome.


What’s an obiter dicta

A by the way statement, it’s an addition but NEVER the reason. It’s a statement if the judge irrelevant to result.


What’s one way to identify obiter dicta?

By removing the statement and if the judge still makes sense it’s the obiter dicta.


What’s singular of obiter dicta?

Obiter dictum


What’s the effects of the obiter dicta?

Obiter dicta is NEVER binding but can be PERSUASIVE. They can create practise like the case if Airedale NHS Trust v Bland 1993

It can sow the seed for a later development in law. Such as the case of Macfarlane v Tayside Health Board


What is binding in a multiple judge decision?

If the ratio that commands a majority support. But if each judge gives a different reason there’s no binding ratio, each is merely percussive.