Judicial precedent

• What is the doctrine of precedent?

  Following the decisions of previous cases, especially of higher courts
• What are the decisions of judges in cases known as?

  Precedents
• What is precedent?

  The past decisions of judges that create law for future judges to follow
• What is 'stare decisis' in English?

  Let the decision stand
• What is it known as where courts follow the decisions of the courts above?

  The doctrine of precedent or stare decisis
• Why should judges follow the decision of a previous case where the point of law in a current case is the same?

  To promote fairness and provide certainty
• What should a court do where the point of law in a previous case and the current case is the same?

  Follow the decision in the previous case
• What are the two types of precedent?

  Binding and persausive
• What is a binding precedent?

  A decision in an earlier case and a higher court which must be followed in later cases
• What is needed for a system of binding precedent to work?

  A hierarchal court structure where our courts are ranked according to their seniority and the higher ones bind the lower ones
• What is a persuasive precedent?

  A decision which does not have to be followed by later cases, but which the judge may decide to follow
• Where might persuasive precedents come from?

  Courts that don't bind,

  Courts lower down the hierarchy
• What might persuasive precedents be?

  A part of the decision known as obiter dicta
• Who is the Supreme Court bound by?

  Not itself
• Who is the Supreme Court binding on?

  All other UK courts
• Who is the Court of Appeal (Civil Division) bound by?

  Supreme Court

  Itself with exceptions
• Who is the Court of Appeal (Criminal Division) binding on?

  All lower courts and itself
• Who is the King's Bench Divisional Court bound by?

  Supreme Court

  Court of Appeal

  Itself
• Who is the King's Bench Divisional Court binding on?

  High court (generally)

  Lower courts

  Itself
• Who is the Divisional courts (civil) bound by?

  Supreme Court

  Court of Appeal

  Themselves
• Who is the Divisional courts (civil) binding on?

  High Court (generally)

  Lower courts

  Themselves
• Who is the High Court bound by?

  Supreme Court

  Court of Appeal

  Divisional courts

  Not itself
• Who is the High Court binding on?

  Lower courts

  Not itself
• Can the high court deviate from it's previous decisions?

  Yes
• Why do the County Court, Crown Court and Magistrates' Courts not create precedents?

  There are far too many cases going through them and they do not publish judgements that could be used
• Which courts do not create precedents?

  The County Court, Crown Court and Magistrates' Court
• What comments can be made about the Supreme Court?

  It has not been bound by its own decisions since a Practice Statement in 1966 and now has the power to reopen appeals
• What comments can be made about the Court of Appeal (Civil Division)?

  1 . Tried to challenge it is bound by the Supreme Court

  2 . Need not to follow it's own decisions where

  > The previous decision was made in error

  > There are two conflicting previous decisions

  > There is a later conflicting Supreme Court decision
• What comments can be made about the Court of Appeal (Criminal Division)?

  Prepared to be flexible in its approach to binding itself and will not follow its previous decisions where to do so would cause injustice
• What comment can be made about the King's Bench Division of the High Court?

  Similar rules to the Court of Appeal (Criminal Division) in terms of binding itself
• Stare decisis: Let the decision stand
• Ratio decidendi: Reason for the decision
• Stare decisis: Let the decision stand
• Ratio decidendi: Reason for the decision
• Obiter dicta: Other things said
• Obiter dicta: Other things said
• What is stare decisis?

  The fundamental principle of precedent and means that a decision in an early case will stand as guidance for all future cases
• What is ratio decidendi?

  This is part of the judgement, the reason for the decision, that forms the precedent for future cases
• Where do all substantive points of law come from?

  The ratio decidendi
• What is obiter dicta?

  Comprises the rest of the judgement apart from the ratio decidendi - judges in future do not have to follow it, but it can give very useful guidance