judgements

• What does "Stare decisis" mean?

  "Stand by what has been decided and do not unsettle the established". It is the foundation of judicial precedent.
• What is the doctrine of precedent based on and what does this mean as a result?

  Stare decisis meaning that where the point of law in the previous cases and the present case is the same, the court hearing the present case should follow the decision in the previous case.
• What does the concept of stare decisis promote the idea of?

  Fairness and improves certainty in law.
• Precedent can only operate if what?

  If the legal reasons for past decisions are known: there is a judgement at the end of the case which is a speech made by the judge(s) hearing the case, giving the decision and explaining reasons for it.
• In a judgement, what does the judge usually do?

  • Gives a summary of the facts of the case.
  • Reviews the arguments put to him/her by the advocates in the case.
  • Explains the principles of the law he/she is using to come to the decision.
• What is ratio decidendi?

  The reason for the decision. This forms a precedent for future cases.
• What does the number of speeches at the end of the case depend on?

  The number of judges hearing the case.
• How many judges and judgements are in courts of first instance?


  There will be one judge and one judgement.
• How many judges are cases heard in the Divisional Courts and the Court of Appeal?

  at least 2 judges (usually 3).
• How many judges hear cases in the Supreme Court?

  The panel of judges must consist of an uneven number of judges. Where there are multiple judges, several judgements can be made but it's common for one judge to agree with another.
• How can having several judgements can cause problems in later cases?

  Each judge may have had a different reason for their decision and there will be multiple ratio decidendi.
• What does Obiter Dicta mean?

  "Other things said". So, it is all the rest of the judgement apart from the ratio decidendi. Judges in future cases don't have to follow it.
• What is the only part of a judgement that forms a precedent?

  The ratio decidendi, the rest (obiter dicta) is not binding on other courts.
• What do judges sometimes do as a part of obiter dicta that isn't binding precedent?

  They will speculate on what his/her decision would have been if the facts of the case had been different and this hypothetical situation is a part of the obiter dicta and the legal reasoning put forward in it may be considered in future cases.
• What must there be in order to follow past decisions?

  An accurate record of what those decisions were. Written reports have existed in England and Wales since the 13th century.
• What was set up in 1865 that was controlled by the courts?

  the Incorporated Council of Law Reporting
• What did the Incorporated Council of Law Reporting do?

  Reports became accurate and this accuracy of reports was one of the factors in the developments of the strict doctrine of precedent.
• What is UKSC?


  a Supreme Court case.
• What is UKHL?


  a House of Lords case
• What is EWCA Civ?

  a Court of Appeal (Civil Division) case
• What is EWCA Crim?

  a Court of Appeal (Criminal Division) case
• What is EWHC?


  a High Court case
• All cases from which courts are now reported on the internet?

  High Court, Court of Appeal, and Supreme Court (and House of Lords for 1996-2009).