Sources of law

• Common law (case law)

  Law that is created in courts rather than in parliament. In the UK, the decisions of the courts are written in law reports, it is these decisions that become law.
• Case law


  • Requires accurate reporting
  • Case example is Donoghue v Stevenson 1932, a snail was found in an opaque ginger ale bottle. Instrumental in shaping the law of tort and the doctrine of negligence.
• Judicial precedent


  The process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial president involves an application of the principle stare decisis (to stand by the decided). In practice this means that the inferior (lower) courts are bound to apply legal principles set down by superior (higher) courts in earlier. Provides consistency and predictability of the law.
• Judges may avoid following a previous precedent

  1. Overruling

  2. Reversing

  3. Distinguishing
• Overruling


  This will apply if the lower court has failed to apply the law properly. A court higher in the hierarchy departs from a decision made in a lower court and the previous decision is no longer binding.
• Reversing


  This takes place when the lower court has reached the wrong decision.
• Distinguishing


  This is where the facts of the case are deemed sufficiently different so that the previous case is no longer binding.
• Legislation


  A law or set of laws that have been passed by parliament. These include; Acts of Parliament, Statutory instruments, Orders in Council, Byelaw