judicial precedent

• What creates law for future judges to follow?

  Past judicial decisions (case law)
• What must be followed when a point of law is decided?

  It must be followed in similar future cases
• Who must follow decisions of higher courts?

  Lower courts
• What is original precedent?

  New precedent formed on undecided law
• What is binding precedent?

  Precedent with an obligation to follow
• What must be true for binding precedent to apply?

  The facts must be sufficiently similar
• What is persuasive precedent?

  Not binding but may influence a judge
• How does the Privy Council's decisions affect lower courts?

  They aren't binding but treated with respect
• What is an example of a case where the Privy Council's precedent was followed?

  R v James and Karim
• What are obiter dicta statements?

  Statements not part of the case's decision
• In R v Howe (1987), what was stated in obiter dicta?

  Other statements wouldn't be a defense
• What happened in R v Gotts (1992)?

  A different statement from Howe was followed
• What is a dissenting judgement?

  A disagreement from the majority with reasoning
• What can happen to a case with a dissenting judgement?

  It may go to the supreme court
• What is the significance of decisions from other countries?

  They share common law ideas with the UK
• What does overruling mean in legal terms?

  Deciding earlier decisions were unjust
• What is the order of binding in civil cases?

  Supreme court, court of appeal, divisional courts
• What is the order of binding in criminal cases?

  Supreme court, court of appeal, Kings bench division
• How do civil and criminal case binding orders differ?

  Civil cases have different court hierarchies