Judicial Precedent

Stare Decisis
1. 'stand by the decision'
2. Like cases should be treated alike
3. All courts are bound by the decisions of those higher in the hierarchy.
Ratio Decidendi
1. This is the part of the judgement that forms precedent for future cases.
2. The ratio is the binding part.
Obiter Dicta
1. This is the non binding part of a judgement
2. Things said 'by the way'
Original Precedent
1. If there is no past cases for the judge to base his decision on, he will look for cases with similar principles to base his decision on.
2. Hunter v Canary Wharf
Law Reporting
1. Reports are prepared by barristers and signed by them. These are needed in order to see what the ratio within a case is.
Court Structure
1. Criminal Courts
  1. European Court of Justice
    1. Supreme Court
      1. Court of Appeal (Criminal Division)
        Crown Court
        Magistrates Court
2. Civil Courts
  1. European Court of Justice
    1. Supreme Court
      1. Court of Appeal (Civil Division)
        High Court
        County Court
Persuasive Precedent
1. If an earlier case is not binding it may still be persuasive.
2. Parts of a case may act as persuasive precedent.
3. Obiter Dicta
4. Courts in other countries.
5. Dissenting Judgement
6. Courts lower in the hierarchy: R v R 1991 overruled Miller 1954.
7. Decisions of the judicial committee of the privy council.

Resource summary

	Created by emilyrae over 11 years ago