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What Is Judicial Precedent? Examples and Importance for Kids

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tiffanysrevisionsession <3

03/04/2023

Law

Judicial precedent

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What Is Judicial Precedent? Examples and Importance for Kids

Judicial precedent is a fundamental principle in the UK legal system where judges create or modify laws for future judges to follow. This system, based on the doctrine of stare decisis, promotes fairness and certainty in legal decisions. The hierarchy of courts plays a crucial role in determining which precedents are binding. There are different types of precedents, including original, binding, and persuasive. Law reports are essential for maintaining accurate records of past decisions, which are vital for the application of judicial precedent.

...

03/04/2023

345

JUDICIAL PREG Judicial Precedent →when ajudge creates or danifies a low for forve judges to follow. case? = Schweppes LTD and the Automatic

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Hierarchy of Courts in the UK Legal System

The UK legal system is structured with a clear hierarchy of courts, which is essential for the application of judicial precedent as a source of law. This hierarchy determines which courts' decisions are binding on others.

Civil Cases Hierarchy

  1. Supreme Court (formerly House of Lords)
  2. Court of Appeal (Civil Division)
  3. High Court (with three divisions: Queen's Bench, Chancery, and Family)
  4. County Court

Criminal Cases Hierarchy

  1. Supreme Court
  2. Court of Appeal (Criminal Division)
  3. Crown Court
  4. Magistrates' Court

Highlight: The Magistrates' Court deals with 97% of criminal cases.

Vocabulary: Divisional Courts are part of the High Court and handle specific types of cases.

It's important to note that civil and criminal courts generally don't intervene with each other's decisions.

Judgments and Their Components

At the end of every case, a judge provides a judgment that typically includes:

  1. Summary of case facts (ratio decidendi)
  2. Review of arguments
  3. How the law was applied
  4. The decision made
  5. Reasons for the decision
  6. Principles of law used

Definition: Ratio decidendi, meaning "the reason for deciding," is the part of the judgment that creates binding precedent for future cases.

Example: In the case of R v Chan, the ratio decidendi formed a binding precedent.

Obiter dicta, or "other things said," refers to the rest of the judgment that isn't binding but may be considered in future cases as persuasive precedent.

Highlight: It can be challenging for judges to distinguish between ratio decidendi and obiter dicta in older cases, which can lead to confusion in applying precedents.

JUDICIAL PREG Judicial Precedent →when ajudge creates or danifies a low for forve judges to follow. case? = Schweppes LTD and the Automatic

View

Law Reports and Their Importance in Judicial Precedent

Law reports are crucial for the effective application of the doctrine of judicial precedent. They provide an accurate record of past decisions, which is essential for judges to understand and apply precedents correctly.

Highlight: Without law reports, there can be no judicial precedent.

Law reports help develop the strict doctrine of precedent by ensuring that judges have access to the reasoning and decisions of previous cases. This access is vital for maintaining consistency and fairness in the legal system.

Citations in Law Reports

Citations in law reports help locate specific cases quickly and efficiently. They typically follow a standard format that indicates the court and year of the decision.

Example: Citation formats include:

  • UKSC for a Supreme Court case
  • UKHL for a House of Lords case
  • EWCA Civ for a Court of Appeal (Civil Division) case
  • EWHC for a High Court case
  • EWCA Crim for a Court of Appeal (Criminal Division) case

Modern Reporting Methods

In recent years, the reporting of cases has evolved with technology. Many cases are now reported on the internet, making them more accessible to legal professionals and the public.

Highlight: The digitalization of law reports has significantly improved the speed and ease with which precedents can be researched and applied.

The availability of online reports has enhanced the efficiency of the legal system, allowing for quicker access to relevant precedents and potentially speeding up the decision-making process in courts.

Vocabulary: A citation is a reference to a specific legal case or authority, used to support a legal argument or decision.

The comprehensive system of law reporting in the UK underscores the importance of judicial precedent in maintaining a consistent and fair legal system. It ensures that the principles of stare decisis can be effectively applied, promoting certainty and predictability in legal outcomes.

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What Is Judicial Precedent? Examples and Importance for Kids

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tiffanysrevisionsession <3

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Judicial precedent is a fundamental principle in the UK legal system where judges create or modify laws for future judges to follow. This system, based on the doctrine of stare decisis, promotes fairness and certainty in legal decisions. The hierarchy of courts plays a crucial role in determining which precedents are binding. There are different types of precedents, including original, binding, and persuasive. Law reports are essential for maintaining accurate records of past decisions, which are vital for the application of judicial precedent.

...

03/04/2023

345

 

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JUDICIAL PREG Judicial Precedent →when ajudge creates or danifies a low for forve judges to follow. case? = Schweppes LTD and the Automatic

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Hierarchy of Courts in the UK Legal System

The UK legal system is structured with a clear hierarchy of courts, which is essential for the application of judicial precedent as a source of law. This hierarchy determines which courts' decisions are binding on others.

Civil Cases Hierarchy

  1. Supreme Court (formerly House of Lords)
  2. Court of Appeal (Civil Division)
  3. High Court (with three divisions: Queen's Bench, Chancery, and Family)
  4. County Court

Criminal Cases Hierarchy

  1. Supreme Court
  2. Court of Appeal (Criminal Division)
  3. Crown Court
  4. Magistrates' Court

Highlight: The Magistrates' Court deals with 97% of criminal cases.

Vocabulary: Divisional Courts are part of the High Court and handle specific types of cases.

It's important to note that civil and criminal courts generally don't intervene with each other's decisions.

Judgments and Their Components

At the end of every case, a judge provides a judgment that typically includes:

  1. Summary of case facts (ratio decidendi)
  2. Review of arguments
  3. How the law was applied
  4. The decision made
  5. Reasons for the decision
  6. Principles of law used

Definition: Ratio decidendi, meaning "the reason for deciding," is the part of the judgment that creates binding precedent for future cases.

Example: In the case of R v Chan, the ratio decidendi formed a binding precedent.

Obiter dicta, or "other things said," refers to the rest of the judgment that isn't binding but may be considered in future cases as persuasive precedent.

Highlight: It can be challenging for judges to distinguish between ratio decidendi and obiter dicta in older cases, which can lead to confusion in applying precedents.

JUDICIAL PREG Judicial Precedent →when ajudge creates or danifies a low for forve judges to follow. case? = Schweppes LTD and the Automatic

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Law Reports and Their Importance in Judicial Precedent

Law reports are crucial for the effective application of the doctrine of judicial precedent. They provide an accurate record of past decisions, which is essential for judges to understand and apply precedents correctly.

Highlight: Without law reports, there can be no judicial precedent.

Law reports help develop the strict doctrine of precedent by ensuring that judges have access to the reasoning and decisions of previous cases. This access is vital for maintaining consistency and fairness in the legal system.

Citations in Law Reports

Citations in law reports help locate specific cases quickly and efficiently. They typically follow a standard format that indicates the court and year of the decision.

Example: Citation formats include:

  • UKSC for a Supreme Court case
  • UKHL for a House of Lords case
  • EWCA Civ for a Court of Appeal (Civil Division) case
  • EWHC for a High Court case
  • EWCA Crim for a Court of Appeal (Criminal Division) case

Modern Reporting Methods

In recent years, the reporting of cases has evolved with technology. Many cases are now reported on the internet, making them more accessible to legal professionals and the public.

Highlight: The digitalization of law reports has significantly improved the speed and ease with which precedents can be researched and applied.

The availability of online reports has enhanced the efficiency of the legal system, allowing for quicker access to relevant precedents and potentially speeding up the decision-making process in courts.

Vocabulary: A citation is a reference to a specific legal case or authority, used to support a legal argument or decision.

The comprehensive system of law reporting in the UK underscores the importance of judicial precedent in maintaining a consistent and fair legal system. It ensures that the principles of stare decisis can be effectively applied, promoting certainty and predictability in legal outcomes.

JUDICIAL PREG Judicial Precedent →when ajudge creates or danifies a low for forve judges to follow. case? = Schweppes LTD and the Automatic

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Judicial Precedent and the Doctrine of Precedent

Judicial precedent is a cornerstone of the UK legal system, where judges create or modify laws for future judges to follow. This concept is rooted in the doctrine of precedent, also known as stare decisis.

Definition: Stare decisis is Latin for "to stand by past decisions and not unsettle the established."

The doctrine of precedent is based on several key principles:

  1. Fairness and certainty in legal decisions
  2. Present cases should follow decisions made in similar past cases
  3. Courts must follow decisions of higher courts in the hierarchy

Example: The Schweppes Ltd case and the Automatic Telephone case are notable examples of judicial precedent in action.

There are several types of precedent:

  1. Original precedent: When judges create an entirely new law for a point that has never been decided before.
  2. Binding precedent: A law from a previous case that judges must follow, created and followed by the same or higher courts.
  3. Persuasive precedent: Decisions that judges may consider but are not obligated to follow.

Highlight: The hierarchy of courts is crucial in determining which precedents are binding. Every court must follow decisions made by upper courts, with some exceptions in cases involving human rights.

Vocabulary: Obiter dicta refers to a dissenting judgment or other statements made by judges that are not binding but may be persuasive in future cases.

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.