Court's Decision example essay topic

Judicial Precedent is a process whereby judges follow previously decided case where the facts are of sufficient similarity. This doctrine is based upon the Latin maxim "stare dec isis" (stand by the decided and do not unsettle the established). This means lower courts are bound to apply legal principles set down by superior courts in earlier cases. This is a term expressing the principle of 'binding precedent'. i.e. that is necessary to abide by former decisions. This provides consistency and predictability. Case: Donoghue vs. Stevenson [1932].

This case is about a decomposing snail in a bottle of ginger beer. The House of Lords held that a manufacturer owed a duty of care to the consumer that product are safe. "Products" have since been held by later courts to include not only food and drinks but also cars, chemical and so on. Precedent is created by the judgements of past cases. The judgement is the speech made by the judge who has made the decision on the case.

It is spilt into two parts. The first part is the "ratio decide ndi" (reason for deciding), a principle of law applied to the legal problems raised by the facts as found by the court upon which a decision is based. This is the most important part as it gives the judge's decision. He will give a summary of the facts of the case, review the arguments put by both sides, and explain the parts of the law (and any previous cases) he has used to make his decision. This is the part of the speech, which creates the precedent. Case: R vs. Howe [1987].

Two defendants helped torture a man who was then killed by other man and, on a later occasion killed another man. The House of Lords refused a defence of duress to charges involving murder because of the need to protect innocent lives and to set a standard of conduct which all people are expected to observe in order to avoid criminal liability. The other part is the "obiter dictum" (other things said). This is where the judge may go on to speculate about what his decision would or might have been if the facts of the case had been slightly different. When judges put comments in opinions that are inappropriate to the line of reasoning that leads to the decision in the case, the comments are said to be "dicta". It has no binding authority, although it may be considered in other cases.

Anything said Obiter dictum in the original case is of persuasive authority and does not have to be followed. Case: Hill vs. Baxter [1958]. The defendant driver fell asleep and drove into some people. His conviction for driving offences was upheld as he was at fault for not stopping while feeling drowsy.

The judge went on to give the fictional example of someone being stung by a swarm of bees while driving and losing control of the car as an example of a driver not being at fault. Court structure The House of Lords binds all lower courts, but not itself. The Court of Appeal is bound by the decision of House of Lord, and binds other lower courts. As to whether the court is bound by its own previous decision, the position of Civil Division is govern by Young-v-Bristol Aeroplane Co. Ltd.

In addition to the Young-v-Bristol acceptation, the Criminal Division can depart from its own previous decision because the criminals liberty is at stake, precedent may be less rigidly followed. High Court is bound by the decision of House of Lords and the Court Of Appeal but it does not bound by itself. Crown Court's decision are not binding at all but bound by all higher courts. The County Courts and the Magistrate Courts has no binding effect.