Examples of Judicial Precedent in English Common Law Cases

📚 Quick Study Guide

• ⚖️ Judicial Precedent (Stare Decisis): The fundamental principle in common law where courts are bound to follow previous decisions made by higher courts in similar cases. It literally means "to stand by things decided."
• 🏛️ Binding Precedent: A decision from a higher court that must be followed by a lower court in a case with similar material facts within the same hierarchy. The ratio decidendi is binding.
• 🧠 Persuasive Precedent: Decisions that courts are not obligated to follow but may consider as guidance. This includes decisions from lower courts, courts in other jurisdictions, or obiter dicta.
• 📜 Ratio Decidendi: The Latin term for "the reason for the decision." This is the legal principle or rule upon which the court's decision is based and is the binding part of a precedent.
• 🗣️ Obiter Dictum: Latin for "things said by the way." These are statements made by the judge that are not essential to the decision of the case. They can be persuasive but are never binding.
• 🪜 Court Hierarchy & Precedent: The system ensures binding precedent works. The Supreme Court binds all lower courts. The Court of Appeal binds all lower courts and generally binds itself (with exceptions). High Court decisions bind lower courts but not other High Court judges, etc.
• 💡 Key Landmark Cases:
  • 🐌 Donoghue v Stevenson (1932): Established the modern tort of negligence and the "neighbour principle," creating a duty of care owed to persons one can reasonably foresee being affected by one's actions.
  • 💍 R v R (1991): Abolished the marital rape exemption, confirming that a man could be guilty of raping his wife, reflecting changing societal views and evolving common law.
  • 💰 Carlill v Carbolic Smoke Ball Company (1893): A foundational case in contract law, illustrating principles of offer, acceptance, consideration, and intention to create legal relations in unilateral contracts (offer to the world).
  • 🏠 Balfour v Balfour (1919): Established the presumption that domestic agreements between spouses are not intended to create legal relations and thus are not legally enforceable contracts.
• 🛠️ Avoiding Precedent:
  • 🔍 Distinguishing: A court finds the material facts of the current case are sufficiently different from a previous case, making the precedent inapplicable.
  • 🔄 Overruling: A higher court declares that a legal rule established in a previous case by a lower court is wrong and sets it aside.
  • 🔙 Reversing: A higher court in the same case (on appeal) overturns the decision of a lower court.

✍️ Practice Quiz

Test your knowledge!

1. Which of the following best defines "judicial precedent" in English Common Law?

   A. A law passed by Parliament on a specific issue.

   B. A recommendation made by a judge for future cases.

   C. The principle that courts must follow decisions of higher courts in similar cases.

   D. A historical legal document that influences current law.

2. The binding part of a previous court decision, containing the legal principle, is known as:

   A. Ratio Decidendi

   B. Obiter Dictum

   C. Stare Decisis

   D. Res Judicata

3. In Donoghue v Stevenson (1932), which key legal principle was established?

   A. The requirement for written contracts in all agreements.

   B. The abolishment of the marital rape exemption.

   C. The modern tort of negligence and the "neighbour principle."

   D. The presumption against intention to create legal relations in domestic agreements.

4. A judge in the High Court is presiding over a case. Which of the following courts' decisions would typically be binding on them?

   A. Another High Court judge.

   B. The County Court.

   C. The Court of Appeal.

   D. A court from the United States.

5. Which method allows a lower court to avoid following a precedent by arguing that the facts of the current case are significantly different?

   A. Overruling

   B. Reversing

   C. Distinguishing

   D. Affirming

6. The case of Carlill v Carbolic Smoke Ball Company (1893) is a classic example demonstrating principles of:

   A. Criminal responsibility and strict liability.

   B. Offer and acceptance in unilateral contracts.

   C. Parliamentary sovereignty over judicial decisions.

   D. Equitable remedies for breach of trust.

7. Statements made by a judge that are not essential to the decision of the case but may offer persuasive guidance are called:

   A. Res Gestae

   B. Ratio Decidendi

   C. Obiter Dictum

   D. Mens Rea