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Reading Case Notes

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Detailed lecture notes from the first lecture of this topic

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  • August 2, 2024
  • 2
  • 2021/2022
  • Lecture notes
  • Noel mcguirk
  • Topic 1
All documents for this subject (8)
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R e a d i n g
C a s e s
a n d
C a s e - N o t i n g
The
Common
Law:
-
It
is
comprised
of
judge-made
case
law
-
Reporting
of
decisions
of
the
court
is
essential
to
the
Common
Law
system
Hierarchy
of
Courts:
-
Civil
Courts
-
Supreme
Court
(formerly
House
of
Lords)
b i n d s
Court
of
Appeal
(Civil
Division)
b i n d s
High
Court
b i n d s
County/Magistrates/Tribunals
-
Criminal
Courts
-
Supreme
Court
b i n d s
Court
of
Appeal
(Criminal
Division)
b i n d s
Crown
Court/Magistrates
Doctrine
of
Precedent:
-
The
judgements
of
superior
courts
bind
the
inferior
courts
-
Civil
Court:
Supreme
Court
b i n d s
Court
of
Appeal
b i n d s
High
Court
-
Criminal
Court:
Supreme
Court
b i n d s
Court
of
Appeal
b i n d s
Crown
&
Magistrates
Are
Courts
bound
by
their
Previous
Judgements?
The
Supreme
Court:
Practice
Statement
(Judgement:
Judicial
decision
as
authority:
House
of
Lords)
[1966]
3
All
ER
77
-
The
House
of
Lords
can
depart
from
its
previous
decisions
-
This
has
been
held
to
apply
to
the
Supreme
Court
(Supreme
Court
Practice
Decision
3)
The
Court
of
Appeal:
Young
v
Bristol
Aeroplane
Co
[1944]
KB
718
-
If
there
are
conflicting
Court
of
Appeal
decisions
-
If
the
decision
has
been
impliedly
overruled
by
the
House
of
Lords
or
the
Supreme
Court
-
If
the
decision
is
p e r
i n c u r i a m
(incorrect/mistaken)
The
Court
of
Appeal
-
Criminal
Division:
R
v
Taylor
[1950]
2
KB
368
-
If
the
liberty
of
an
individual
is
at
stake
Doctrine
of
Precedent
Vocabulary:
-
Stare
Decisis:
Stand
by
what
has
been
decided,
this
is
the
doctrine
of
precedent
-
Ratio
Decidendi:
Reason
for
the
decision,
proposition
of
law
-
Rationes
Decidendi:
Plural
of
ratio
decidendi
-
Obiter
Dicta:
Proposition
of
law
in
the
decision
which
is
not
part
of
the
ratio,
i.e.
not
necessary
for
this
particular
decision
-
Obiter
Dictum:
Plural
of
obiter
dicta
-
Material
Facts:
Facts
which
are
relevant
to
the
decision
of
the
case
-
Res
Judicata:
Decision
between
the
parties
which
is
binding
only
on
them
-
Per
Incuriam:
Through
carelessness,
without
due
regard
for
correct
law

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