Question 1

What is the difference between ratio decidendi and obiter dicta?

Accepted Answer

Ratio decidendi is the binding part of a judgment – the legal principle that decides the case. Obiter dicta are comments made by the judge that are not essential to the decision; they are persuasive but not binding. For example, in Donoghue v Stevenson, the neighbour principle was ratio, but Lord Atkin's remarks about other relationships were obiter.

Question 2

How do I apply the literal rule in an exam?

Accepted Answer

First, quote the literal rule: 'Give words their ordinary dictionary meaning.' Then cite a case like Whitely v Chappell (where 'person' was interpreted literally to exclude a dead person). Finally, apply it to your scenario: take the statutory words, look up their plain meaning, and state the outcome. Always mention the advantage (respects Parliament) and disadvantage (can lead to absurdity).

Question 3

Can the Supreme Court overrule its own decisions?

Accepted Answer

Yes, since the Practice Statement 1966, the Supreme Court (formerly House of Lords) can overrule its own previous decisions if it is 'right to do so'. However, it does so rarely, only when a previous decision is clearly wrong or causes injustice. For example, in R v G (2003), the House of Lords overruled its earlier decision in Caldwell (1982) on recklessness.

Question 4

What is the hierarchy of courts for precedent?

Accepted Answer

The hierarchy is: Supreme Court (highest, binds all lower courts), Court of Appeal (binds High Court and lower courts), High Court (binds Crown Court and magistrates' courts), and Crown Court (binds magistrates' courts but not itself). The Supreme Court is not bound by any court, and the Court of Appeal is bound by the Supreme Court.

Question 5

How do I distinguish a case in an exam?

Accepted Answer

To distinguish, show that the material facts of the current case are different from the precedent case, so the precedent does not apply. For example, in Balfour v Balfour (spousal agreement not binding), you could distinguish if the parties were not married or if there was written consideration. State the facts of the precedent, then highlight the key difference, and conclude that the precedent is not binding.

Question 6

What is the mischief rule and when is it used?

Accepted Answer

The mischief rule requires the court to look at the law before the statute was passed, identify the 'mischief' or problem the Act was designed to remedy, and then interpret the statute to suppress that mischief. It is used when the literal rule would not achieve the Act's purpose. A classic case is Smith v Hughes (1960), where the court interpreted 'in a street' to include a balcony overlooking a street to stop prostitutes soliciting.

Legal Skills

Topic Overview

Key Concepts

What You Need to Demonstrate

Marking Points

Examiner Tips

Common Mistakes

Frequently Asked Questions

Before You Start

Likely Command Words

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The Practice of Substantive Law

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Examiner Tips for Legal Skills

Key Marking Points

Legal Skills

Topic Overview

Key Concepts

What You Need to Demonstrate

Marking Points

Examiner Tips

Common Mistakes

Frequently Asked Questions

What is the difference between ratio decidendi and obiter dicta?

How do I apply the literal rule in an exam?

Can the Supreme Court overrule its own decisions?

What is the hierarchy of courts for precedent?

How do I distinguish a case in an exam?

What is the mischief rule and when is it used?

Before You Start

Likely Command Words

Ready to test yourself?

Related Topics in WJEC A-Level Law

The Nature of Law and the Welsh and English Legal Systems

The Practice of Substantive Law

The Practice of Substantive Law

The Nature of Law and the Welsh and English Legal Systems