Chapter 4: The doctrine of judicial precedent

Please work through the following sections, taking care to observe the marks allocated for each question.

A) DEFINITIONS

1) Ratio decidendi

2) Distinguishing

3) Judicial Committee of the Privy Council

4) Overruling

5) Declaratory theory

6) Obiter dicta

7) Practice Statement

8) Law reports

9) Stare decisis

10) Reversing

B) DIFFERENCES

11) Provide three differences between Parliamentary law-making and judicial law-making.

12) Explain the difference between binding and persuasive precedents.

LISTS

13) List two cases from courts outside the UK courts hierarchy that have created persuasive precedents. (2)

14) List the three exceptions to the rule in Young v Bristol Aeroplance Co Ltd (1944).

15) List five advantages associated with the doctrine of judicial precedent. (5)

16) List two cases in which Lord Denning sought unsuccessfully to “liberate” the Court of Appeal from the strictness of precedent.

17) List three courts in the hierarchy that are said to be ‘self-binding’ to a large extent in respect of their own precedents. (3)

MISCELLANEOUS

18) Using at least two cases, explain the occasions on which the House of Lords will be prepared to depart from its previous decisions.

19) Provide and explain two cases in which the common law has developed to take account of changing times.

20) Explain the main disadvantages of the system of judicial precedent.

21) Explain the impact of the European courts on the doctrine of judicial precedent.