elements of precedent

• what can judge made law be described as?

  undemocratic
• why do we allow judges to make law?

  - when there is no primary or secondary legislation to apply to a case judges must create laws to fill in the gaps
• what has to happen once a judge has made a law?

  future judges have to follow it where the facts of a case are similar to a previously decided case
• where are all past judge made decisions kept?

  in records called law reports
• give an example of judge made law

  lord coke's murder definition 1797
• what is judicial precedent based on?

  stare decisis
• What does stare decisis mean?

  to stand by what has been decided & do not unsettle the established
• what is the general rule of the courts?

  lower courts follow decisions of higher courts
• what is the court hierarchy? starting with highest to lowest

  supreme court

  court of appeal

  high court & divisional court

  crown court county court

  magistrates court
• what are the superior courts?

  Supreme Court, Court of Appeal, divisional court of the high court
• what are the inferior courts?

  high court, crown/county courts, magistrates court
• who is the supreme court bound by?

  no one
• who is the court of appeal bound by?

  supreme court
• who is the divisional court of the high court bound by?

  supreme court & court of appeal
• who is the high, crown/county & magistrates courts all bound by?

  supreme court, court of appeal & divisional court
• what courts does the supreme court bind?

  all courts below
• what courts does the court of appeal bind?

  all courts below
• what courts does the divisional court bind?

  all courts below
• what court does the high court bind?

  all courts below
• what court does the crown/county & magistrates courts bind?

  no one
• does the supreme court bind itself?

  yes - unless use of practice statement
• does the court of appeal bind itself?

  Yes - unless young exceptions 1944 or R v Gould 1968 applies
• does the divisional court bind itself?

  yes - has similar exceptions to court of appeal
• does the high court bind itself?

  no but will often follow them
• does the crown/county court & magistrates court bind themselves?

  no - as they rarely create precedent
• what are the domestic courts?

  courts based in the uk
• what are the courts of first instance?

  Trial courts, where a case is first heard.
• what is the appellate court?

  the court that hears the appeal of the trial court's decision
• what is a criminal court?

  courts that hear criminal matters e.g. assault, battery, GBH
• what is a civil court?

  courts that hear civil cases e.g. personal injury, breach of contact