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First year English legal systems notes
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First year, introductory English legal systems notes
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SEMINAR 31.10.202231 October 2022 10:33
Term Definition Source
Stare Decisis "Let the decision stand" It is the term used to denote the system of binding
precedent which applies to the legal system of England and Wales
Res Judicata "Already adjudicated" It refers to the principle by which the parties to a
case are bound by the outcome once all appeal avenues have been
exhausted
Ratio Decidendi "The legal principle on which a decision is based" or "the reasoning behind
the decision"
Obiter Dictum Parts of a judges ruling which are "by the way"; not essential to decide the
case and are persuasive statements rather than binding under the
doctrine of precedent "Other things said"
Overruling The action by a court with power to do so to decide that a precedent is
wrong and shouldnt be regarded as good law. An overrules case has not
further status as precedent (the parties are still bound by the outcome
under res judicata)
Distinguishing A courts ruling that a precedent is sufficiently or materially different for it
not to be applied in the current case
Per Incuriam "In ignorance" but used to denote a situation where a court decides a
case; no reference to a rule. Mya not need to be followed by a lower
court
Material Facts Those circumstances arising in the case which directly affect the
determination of the outcomes
Smith V Hughes 1960
1. The issue is whether the balcony is considered part of a street
2. The prostitute was soliciting men from a balcony rather than a street, in other cases the appellants were
in ground-floor windows
3. The statute under consideration was the Street offences Act 1959
4. The court this was the Queens bench division
5. This was an appeal case from the magistrates court
6. The judges were Lord Parker CJ, Hilbery and Donovan JJ
7. The mischief rule was used for this case
8. The outcome - The Judge decided that the balcony was considered a public place and the defendant was
convicted; appeal dismissed
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