Judicial Precedent

• What is judicial precedent?

  Judicial precedent is when past decisions of judges create law for future judges to follow.
• What does judicial precedent depend on?

  It depends on an accurate system of law reporting and judges using stare decisis.
• What does 'stare decisis' mean?

  'Stare decisis' means 'standing by' or following decisions in previous cases.
• Why is stare decisis important?

  It is the foundation of judicial precedent.
• What case demonstrated the principle of stare decisis?

  The case of Automatic Telephones demonstrated the principle of stare decisis.
• What does 'ratio decidendi' mean?

  'Ratio decidendi' means 'reason for deciding'.
• Why is the ratio decidendi important?

  It creates binding precedent as lower courts must apply it when deciding similar cases.
• What was the ratio decidendi in the case of Brown?

  The ratio was that consent may not be applied where the activity is of a sado-masochistic nature.
• What does 'obiter dicta' mean?

  'Obiter dicta' means 'other things said' and is not binding precedent.
• What might obiter dicta include?

  It could include speculation on how law would be applied if the facts were different.
• What was the obiter dicta in the case of Brown?

  The obiter was that consent could be pleaded to s. 47 and s. 20 offences where inflicted due to tattooing, body piercing, or contact sports.
• Why is there a need for a hierarchy of the courts?

  It provides consistency to decisions and ensures procedural justice is delivered.
• What are courts of first instance?

  Courts of first instance are where the original trial of the case is heard.
• What do appellate courts do?

  Appellate courts hear appeal cases from the trial courts.
• What is the highest court since 1973?

  The ECJ (European Court of Justice) is the highest court since 1973.
• What is unique about the ECJ's decisions on EU law?

  Its decisions on points of EU law are binding in the UK.
• What replaced the House of Lords in 2009?

  The Supreme Court replaced the House of Lords in 2009.
• What is the structure of the Court of Appeal?

  The Court of Appeal has both civil and criminal divisions.
• What are the exceptions for the Court of Appeal not to follow its own decisions?

  Exceptions include conflicting past CA decisions, SC overruling a CA decision, or decisions made per incuriam.
• What is binding precedent?

  Binding precedent is when a court must follow the decision of a higher court where material facts are sufficiently similar.
• What is persuasive precedent?

  Persuasive precedent is not binding, but a judge may follow it if they find it persuasive.
• What is original precedent?

  Original precedent is a point of law never decided before, and whatever the judge decides is original precedent.
• What are the three ways to avoid using precedent?

  Overruling, reversing, and distinguishing are ways to avoid using precedent.
• What is overruled in legal terms?

  Overruling occurs when a court in a later case decides that an earlier case is wrong.
• What is the difference between overruling and reversing?

  Overruling can happen in later cases, while reversing can only happen in the specific case being appealed.
• What does distinguishing mean in legal terms?

  Distinguishing means the judge decides the facts of the case are sufficiently dissimilar from a past case, so they don’t need to follow it.
• What is one advantage of judicial precedent?

  One advantage is certainty, as courts follow past decisions, allowing litigants to know how the law is likely to be applied.
• How does the Practice Statement 1966 contribute to flexibility in judicial precedent?

  The Practice Statement 1966 allows the Supreme Court to overrule itself if a case was wrongly decided.
• How does judicial precedent promote fairness in the law?

  It promotes fairness by ensuring like cases are treated the same due to binding precedent.
• What is a disadvantage of judicial precedent related to rigidity?

  A disadvantage is that lower courts must follow higher courts, making the law too inflexible.
• How does complexity affect judicial precedent?

  Complexity arises because law reports can be hard to read, making it difficult to find the ratio easily.
• What is a disadvantage of judicial precedent related to the slowness of reform?

  A disadvantage is that judges must wait for cases to come before them to make changes, leading to slow reform.
• What is another name for judicial precedent?

  Judicial precedent is also known as case law.