judicial precident

• precedent


  a precedent is something that precedes, or comes before. the supreme courts relies on precedent that is, earlier law or decisions that provides some example or rule to guide them in the case they're actually deciding
• original precedent


  a decision on a point of law that has never been decided before
• binding precent


  a decision in an earlier case which must be followed in later cases
• persuasive precedent


  a decision which does not have to be followed by later cases, but which a judge may decide to follow
• dissenting judgement


  a judgement given by a judge who disagrees with the reasoning of the majority of judges in the case
• appellate courts


  - supreme court

  - court of appeal

  - divisional courts
• courts of first instance


  refers to any court where the case is herd for the first time
• supreme court


  the highest appellate court
• practice statement


  Lord Gardiner, issued a practice statement allowing the house of lords to depart from a previous decision where it appears right to do so.
• stare decisis


  stand by what has been decided and do not unsettle the esablished
• obiter dicta


  'other things said' this does not have to be followed but may form persuasive precident
• Ratio decidendi


  the reason for the decision. This forms a precedent for future cases
• following


  where there is previous precedent the judge decides it is relevant the judge should follow the decision
• overruling


  this is where a judge in a later case decides that the legal rule decided in an earlier case is wrong. this may occur when a higher court overrules a decision made earlier b y a lower court
• distinguishing


  a method which can be used by judges to avoid precedent. the judge finds the material facts to be different for them to draw a distinction between
• practice statement 1966


  allows the supreme court to depart from its previous decisions
• Conway v Rimmer 1968


  first use of the practice statement
• Herrington v British Railway Board 1972


  first major use of the practice statement in criminal law
• Shivpuri 1986


  first use of the practice statement in criminal law
• Pepper v Hart 1993


  first use of Hansard in a case to look at statutory interpretation
• R v G and R 2003


  practice statement used to overrule the decision in Caldwell on recklessness in criminal law
• Young's case 1972 - allows the court of appeal to depart from it's decision

  1 - the court is entitles and bound to decide which of two conflicting decisions of its own will follow

  2 - the court is bound to refuse to follow a decision on its own which which, though not expressly overruled, cannot, in its opinion, stand with a decision of the house of lords

  3- the court is not bound to follow a decision of its own if it is satisfied that the decision was given per incuriam
• Balfour v Balfour and Merritt v Merritt 1971


  a case where the judge distinguished