Explain what is meant by hierarchy of the courts and RD

• What does precedent mean?

  courts must follow the decisions of the higher courts.
• What is the idea of hierarchy?

  some courts are higher than others, so that decisions in the higher courts bind the lower courts.
• What is the highest appeal court in England?

  Supreme Court, its decisions bind all the other English courts
• What is the importance of the Supreme Court?

  it is not bound by its own earlier decisions
• What allowed the Supreme Court to depart from earlier decisions?

  Practice Statement issued in 1966
• What did the Practice Statement 1966 allow?

  It allowed the Supreme Court to depart from its own earlier decisions 'when it appears right to do so'
• What is an example of the Practice Statement 1966 being used in practice?

  Pepper v Hart overruled Davis v Johnson that Hansard could be used to interpret statute
• What is the second highest appeal court in England?

  Court of Appeal
• In which case was the Civil Division bound by its own previous decisions?

  Young v Bristol Aeroplane
• If the liberty of an individual is involved, what can the criminal division do in the court of appeal?


  May take a more flexible approach
• What does 'Ratio decidendi' mean?

  Reason for decision
• What does Ratio decidendi become?

  The binding precedent for future cases where the facts of cases are sufficiently similar