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tiffanysrevisionsession <3
08/08/2025
Law
Judicial precedent
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8 Aug 2025
•
Understanding Judicial Precedent and Its Role in Law
tiffanysrevisionsession <3
@tiffanysrevisionsession
Understanding Judicial Precedent
Judicial precedent occurs when a judge creates or clarifies a law that future judges must follow. This concept is fundamental to the UK legal system and goes by several names:
- Case law
- Common law
- Precedent
The Doctrine of Precedent
The core principle behind judicial precedent is stare decisis – Latin for "to stand by past decisions and not unsettle the established." This doctrine:
- Promotes fairness and certainty in the legal system
- Requires present cases to follow decisions made in similar past cases
- Mandates courts to follow decisions from higher courts in the hierarchy
Types of Judicial Precedent
-
Original precedent: Created when judges establish a new law on a previously undecided point of law
- Example: Schweppes Ltd case
- Judges may look at similar cases for guidance (reasoning by analogy)
-
Binding precedent: Must be followed by judges in subsequent similar cases
- Example: Automatic Telephone case
- Only created when there's a similar case
- Made and followed by the same or higher courts which lower courts must follow
-
Persuasive precedent: Judges may choose to use it but aren't obligated to follow
- Sources include:
- Courts lower in the hierarchy
- Decisions of the Judicial Committee of the Privy Council
- Obiter dicta (statements made in passing)
- Dissenting judgments
- Decisions from courts in other countries
- Sources include:
Key Concept: Court Hierarchy The UK court system operates on a strict hierarchy where every court must follow decisions made by courts above them, and courts typically follow their own past decisions. The exception occurs in cases involving human rights.
Court Hierarchy and Judgements
Hierarchy of UK Courts
The UK court system is divided into civil and criminal courts, with each following a specific hierarchical structure.
Civil Courts Hierarchy:
- Supreme Court (formerly House of Lords)
- Court of Appeal (Civil Division)
- Divisional Courts
- High Court (with three divisions: Chancery, Family, and Queen's Bench)
- County Court
Criminal Courts Hierarchy:
- Supreme Court (formerly House of Lords)
- Court of Appeal (Criminal Division)
- Queen's Bench Divisional Court
- Crown Court
- Magistrates' Court
Laws made in the Supreme Court are instantly followed by courts below. Civil and criminal courts generally don't intervene with each other.
Understanding Judgements
Judgements are created so judges can understand the legal reasoning behind past decisions. A typical judgement includes:
- Summary of case facts (obiter dicta)
- Review of arguments put forward
- Explanation of how the law was applied to reach the decision (ratio decidendi)
Ratio Decidendi
- The "reason for deciding" – creates the binding precedent for future cases
- Forms the most important part of a judgement
- Can be difficult to distinguish from obiter dicta in older cases
- May have multiple judgements in Divisional Courts and Court of Appeal (2-3 judges)
- Whether the ratio should be followed depends on the court level
Obiter Dicta
- Everything else said in the judgement
- Judges don't have to follow these statements
- Can be considered in future cases but not binding (persuasive precedent)
Key Concept: Binding Precedent The binding element of a judgement is the ratio decidendi (the legal reasoning that led to the decision). This creates the precedent that judges must follow in future similar cases, forming the backbone of case law in the UK legal system.
Law Reports and Citations
Importance of Law Reports
Law reports provide an accurate record of past decisions, which is crucial for the effective functioning of judicial precedent. Without law reports, there can be no judicial precedent. They:
- Ensure accuracy, which helps uphold the doctrine of precedent
- Include citations that help locate specific cases
Understanding Legal Citations
Citations help legal professionals find and reference specific cases. Examples include:
- UKSC - Supreme Court case
- UKHL - House of Lords case
- EWCA Civ - Court of Appeal (Civil Division)
- EWHC - Case from the High Court
- EWCA Crim - Court of Appeal (Criminal Division)
Many modern cases are now reported on the internet, making legal research more accessible.
Key Concept: Law Reports Law reports are vital documentation tools that record judicial decisions accurately. They include specific citation formats that help lawyers, judges, and legal scholars locate precedents efficiently. Without this systematic documentation, the entire system of judicial precedent would collapse due to the inability to reference past decisions with precision.
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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
Understanding Judicial Precedent and Its Role in Law
tiffanysrevisionsession <3
@tiffanysrevisionsession
Judicial precedent forms the backbone of the UK legal system, creating a framework where past court decisions guide future cases. This doctrine, also known as case law or common law, ensures consistency and fairness in legal judgments across the country.... Show more
Understanding Judicial Precedent
Judicial precedent occurs when a judge creates or clarifies a law that future judges must follow. This concept is fundamental to the UK legal system and goes by several names:
- Case law
- Common law
- Precedent
The Doctrine of Precedent
The core principle behind judicial precedent is stare decisis – Latin for "to stand by past decisions and not unsettle the established." This doctrine:
- Promotes fairness and certainty in the legal system
- Requires present cases to follow decisions made in similar past cases
- Mandates courts to follow decisions from higher courts in the hierarchy
Types of Judicial Precedent
-
Original precedent: Created when judges establish a new law on a previously undecided point of law
- Example: Schweppes Ltd case
- Judges may look at similar cases for guidance (reasoning by analogy)
-
Binding precedent: Must be followed by judges in subsequent similar cases
- Example: Automatic Telephone case
- Only created when there's a similar case
- Made and followed by the same or higher courts which lower courts must follow
-
Persuasive precedent: Judges may choose to use it but aren't obligated to follow
- Sources include:
- Courts lower in the hierarchy
- Decisions of the Judicial Committee of the Privy Council
- Obiter dicta (statements made in passing)
- Dissenting judgments
- Decisions from courts in other countries
- Sources include:
Key Concept: Court Hierarchy The UK court system operates on a strict hierarchy where every court must follow decisions made by courts above them, and courts typically follow their own past decisions. The exception occurs in cases involving human rights.
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Court Hierarchy and Judgements
Hierarchy of UK Courts
The UK court system is divided into civil and criminal courts, with each following a specific hierarchical structure.
Civil Courts Hierarchy:
- Supreme Court (formerly House of Lords)
- Court of Appeal (Civil Division)
- Divisional Courts
- High Court (with three divisions: Chancery, Family, and Queen's Bench)
- County Court
Criminal Courts Hierarchy:
- Supreme Court (formerly House of Lords)
- Court of Appeal (Criminal Division)
- Queen's Bench Divisional Court
- Crown Court
- Magistrates' Court
Laws made in the Supreme Court are instantly followed by courts below. Civil and criminal courts generally don't intervene with each other.
Understanding Judgements
Judgements are created so judges can understand the legal reasoning behind past decisions. A typical judgement includes:
- Summary of case facts (obiter dicta)
- Review of arguments put forward
- Explanation of how the law was applied to reach the decision (ratio decidendi)
Ratio Decidendi
- The "reason for deciding" – creates the binding precedent for future cases
- Forms the most important part of a judgement
- Can be difficult to distinguish from obiter dicta in older cases
- May have multiple judgements in Divisional Courts and Court of Appeal (2-3 judges)
- Whether the ratio should be followed depends on the court level
Obiter Dicta
- Everything else said in the judgement
- Judges don't have to follow these statements
- Can be considered in future cases but not binding (persuasive precedent)
Key Concept: Binding Precedent The binding element of a judgement is the ratio decidendi (the legal reasoning that led to the decision). This creates the precedent that judges must follow in future similar cases, forming the backbone of case law in the UK legal system.
Law Reports and Citations
Importance of Law Reports
Law reports provide an accurate record of past decisions, which is crucial for the effective functioning of judicial precedent. Without law reports, there can be no judicial precedent. They:
- Ensure accuracy, which helps uphold the doctrine of precedent
- Include citations that help locate specific cases
Understanding Legal Citations
Citations help legal professionals find and reference specific cases. Examples include:
- UKSC - Supreme Court case
- UKHL - House of Lords case
- EWCA Civ - Court of Appeal (Civil Division)
- EWHC - Case from the High Court
- EWCA Crim - Court of Appeal (Criminal Division)
Many modern cases are now reported on the internet, making legal research more accessible.
Key Concept: Law Reports Law reports are vital documentation tools that record judicial decisions accurately. They include specific citation formats that help lawyers, judges, and legal scholars locate precedents efficiently. Without this systematic documentation, the entire system of judicial precedent would collapse due to the inability to reference past decisions with precision.
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user