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Understanding Judicial Precedent and Its Role in Law

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tiffanysrevisionsession <3

03/04/2023

Law

Judicial precedent

Understanding Judicial Precedent and Its Role in Law

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. When judges make decisions, they establish precedents that other courts must follow according to the hierarchical structure of UK courts. Understanding judicial precedent is essential for comprehending how laws evolve through court decisions rather than just through legislation. The system relies on careful documentation, clear reasoning, and a structured court hierarchy to maintain legal certainty.

...

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

View

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

  1. 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 reasoningbyanalogyreasoning by analogy
  2. 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
  3. 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 statementsmadeinpassingstatements made in passing Dissenting judgments Decisions from courts in other countries

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.

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

View

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 formerlyHouseofLordsformerly House of Lords
  • Court of Appeal CivilDivisionCivil Division
  • Divisional Courts
  • High Court withthreedivisions:Chancery,Family,andQueensBenchwith three divisions: Chancery, Family, and Queen's Bench
  • County Court

Criminal Courts Hierarchy:

  • Supreme Court formerlyHouseofLordsformerly House of Lords
  • Court of Appeal CriminalDivisionCriminal 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:

  1. Summary of case facts obiterdictaobiter dicta
  2. Review of arguments put forward
  3. Explanation of how the law was applied to reach the decision ratiodecidendiratio 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 23judges2-3 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 persuasiveprecedentpersuasive precedent

Key Concept: Binding Precedent The binding element of a judgement is the ratio decidendi thelegalreasoningthatledtothedecisionthe 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.

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Law

345

3 Apr 2023

3 pages

Understanding Judicial Precedent and Its Role in Law

user profile picture

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

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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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

  1. 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 reasoningbyanalogyreasoning by analogy
  2. 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
  3. 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 statementsmadeinpassingstatements made in passing Dissenting judgments Decisions from courts in other countries

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.

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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 formerlyHouseofLordsformerly House of Lords
  • Court of Appeal CivilDivisionCivil Division
  • Divisional Courts
  • High Court withthreedivisions:Chancery,Family,andQueensBenchwith three divisions: Chancery, Family, and Queen's Bench
  • County Court

Criminal Courts Hierarchy:

  • Supreme Court formerlyHouseofLordsformerly House of Lords
  • Court of Appeal CriminalDivisionCriminal 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:

  1. Summary of case facts obiterdictaobiter dicta
  2. Review of arguments put forward
  3. Explanation of how the law was applied to reach the decision ratiodecidendiratio 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 23judges2-3 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 persuasiveprecedentpersuasive precedent

Key Concept: Binding Precedent The binding element of a judgement is the ratio decidendi thelegalreasoningthatledtothedecisionthe 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.

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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 CivilDivisionCivil Division
  • EWHC - Case from the High Court
  • EWCA Crim - Court of Appeal CriminalDivisionCriminal 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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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

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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

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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

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