judicial precedent

• docrtine of precedent - must follow decision of courts above
• stare decisis - let the decision stand
• ratio decedendi - reason for the decision
• obiter dicter - rest of decision
• supreme court - bound by eu court - binds all other uk courts
• coa - bound by supreme court - binds all lower courts and its self
• KBD - boung by supreme and coa - binds all lower courts
• chancery and family division of high court - bound by supreme coa and itself - binds high court and lower courts
• high court - bound by supreme coa and divisional courts - binds lower courts
• young v bristol areoplanes - 3 rules on when coa needs to follow its own decisions
• three rules - 1. decide which conflicting decision to follow 2. refuse to follow an illogical decision 3. not bound if decision given per incuriam
• per incuriam - in error
• binding precedent - precedent which must be followed
• pursuasive precedent - does not have to be followed - lower courts - obiter dicta
• original precedent - pol has never been considered before
• overruling - overrule previous decisions of lower courts
• reversing - overturns lower court decision on appeal
• distinuishing - avoids precendent - by finding that cases are different based on facts
• pro - certainty
• pro - consistency
• pro - precision
• pro - fairness
• pro - flexibility
• pro - time saving
• con - rigidity
• con - complexity
• con - illogical distinctions
• con - slowness of growth
• con - bad precedent needs another case to overturn it