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13 Dec 2025
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Comprehensive Guide to Judicial Precedents
Glenn Paulson
@glennpaulson_
1 / 9
Understanding Judicial Precedent
Judicial precedent is when past decisions of judges create law that other judges must follow. It's like a legal domino effect - when a higher court makes a decision, all the courts below them have to follow that same reasoning for similar cases.
This system relies on three key Latin terms you need to know. Stare decisis means "stand by what has been said" - basically, if a previous case dealt with the same legal issue, courts should follow that decision. This creates certainty and fairness in the law.
When a judge gives their judgement, there are two important parts. The ratio decidendi is the legal reasoning behind the decision - this bit becomes binding precedent that other courts must follow. The obiter dicta is everything else the judge says - it's just commentary and only persuasive, not binding.
Key Point: The ratio decidendi is what creates binding precedent - it's the part that actually becomes law for future cases.
The Court Hierarchy System
The court hierarchy determines who has to follow whose decisions. At the top sits the Supreme Court, which binds all courts below it but can usually choose whether to follow its own previous decisions (thanks to the 1966 Practice Statement).
The Court of Appeal is bound by the Supreme Court and usually by its own decisions too. Below that are the Divisional Courts (King's Bench, Family, and Chancery), which must follow all courts above them.
At the bottom are the courts that don't create precedent - the Crown Court, Magistrates Court, and County Court. These are bound by all courts above them but their decisions don't become law for other courts to follow.
Original precedent happens when judges create completely new law because no previous precedent exists. Only the Supreme Court and Court of Appeal can do this, though critics argue it's undemocratic since judges aren't elected.
Remember: Higher courts bind lower courts - it's that simple. The higher up the hierarchy, the more power to create binding law.
Types of Precedent
Not all court decisions carry the same weight. Binding precedent means higher courts bind lower courts, and like cases must be decided alike. This comes from the ratio decidendi and creates legal certainty.
Persuasive precedent doesn't bind courts, but judges might be influenced by these decisions. This includes decisions from the Judicial Committee of the Privy Council, lower courts that higher courts later agree with, and obiter dicta statements from previous cases.
Dissenting judgements (where judges disagree with the majority) can also be persuasive. Sometimes these minority opinions get picked up in later cases or on appeal. Decisions from other common law countries like Canada or Australia might also persuade British judges.
Even decisions from the European Court of Human Rights can be persuasive, though if there's a conflict, English courts must follow English precedent for certainty.
Think of it this way: Binding precedent is law you must follow; persuasive precedent is advice you might choose to follow.
How Courts Avoid Precedent
Sometimes judges need to avoid following precedent to reach a fair result. Following means applying the precedent when facts are similar, but there are several ways to avoid this.
Distinguishing lets judges find material differences between cases to justify different outcomes. The classic example is Balfour v Balfour (where a married couple's agreement wasn't binding) being distinguished from Merritt v Merritt (where the couple was separated, making it binding).
Overruling happens when senior judges disagree with an earlier decision from a lower court, usually because it's outdated or wrong. Reversing occurs when a higher court changes a lower court's decision on appeal.
The Court of Appeal can avoid precedent using exceptions from Young v Bristol Aeroplane Company: when there are conflicting past decisions, when a Supreme Court decision effectively overrules them, or when the decision was made in error. The Supreme Court can use the 1966 Practice Statement to depart from its own previous decisions "where it appears right to do so."
Quick tip: Think of these methods as escape routes - they let judges avoid unfair or outdated precedents while maintaining legal stability.
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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
Comprehensive Guide to Judicial Precedents
Glenn Paulson
@glennpaulson_
Ever wondered how judges make decisions when there's no specific law written down for a situation? That's where judicial precedent comes in - it's basically a system where past court decisions become the law that future judges must follow. Think... Show more
Understanding Judicial Precedent
Judicial precedent is when past decisions of judges create law that other judges must follow. It's like a legal domino effect - when a higher court makes a decision, all the courts below them have to follow that same reasoning for similar cases.
This system relies on three key Latin terms you need to know. Stare decisis means "stand by what has been said" - basically, if a previous case dealt with the same legal issue, courts should follow that decision. This creates certainty and fairness in the law.
When a judge gives their judgement, there are two important parts. The ratio decidendi is the legal reasoning behind the decision - this bit becomes binding precedent that other courts must follow. The obiter dicta is everything else the judge says - it's just commentary and only persuasive, not binding.
Key Point: The ratio decidendi is what creates binding precedent - it's the part that actually becomes law for future cases.
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The Court Hierarchy System
The court hierarchy determines who has to follow whose decisions. At the top sits the Supreme Court, which binds all courts below it but can usually choose whether to follow its own previous decisions (thanks to the 1966 Practice Statement).
The Court of Appeal is bound by the Supreme Court and usually by its own decisions too. Below that are the Divisional Courts (King's Bench, Family, and Chancery), which must follow all courts above them.
At the bottom are the courts that don't create precedent - the Crown Court, Magistrates Court, and County Court. These are bound by all courts above them but their decisions don't become law for other courts to follow.
Original precedent happens when judges create completely new law because no previous precedent exists. Only the Supreme Court and Court of Appeal can do this, though critics argue it's undemocratic since judges aren't elected.
Remember: Higher courts bind lower courts - it's that simple. The higher up the hierarchy, the more power to create binding law.
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
Types of Precedent
Not all court decisions carry the same weight. Binding precedent means higher courts bind lower courts, and like cases must be decided alike. This comes from the ratio decidendi and creates legal certainty.
Persuasive precedent doesn't bind courts, but judges might be influenced by these decisions. This includes decisions from the Judicial Committee of the Privy Council, lower courts that higher courts later agree with, and obiter dicta statements from previous cases.
Dissenting judgements (where judges disagree with the majority) can also be persuasive. Sometimes these minority opinions get picked up in later cases or on appeal. Decisions from other common law countries like Canada or Australia might also persuade British judges.
Even decisions from the European Court of Human Rights can be persuasive, though if there's a conflict, English courts must follow English precedent for certainty.
Think of it this way: Binding precedent is law you must follow; persuasive precedent is advice you might choose to follow.
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How Courts Avoid Precedent
Sometimes judges need to avoid following precedent to reach a fair result. Following means applying the precedent when facts are similar, but there are several ways to avoid this.
Distinguishing lets judges find material differences between cases to justify different outcomes. The classic example is Balfour v Balfour (where a married couple's agreement wasn't binding) being distinguished from Merritt v Merritt (where the couple was separated, making it binding).
Overruling happens when senior judges disagree with an earlier decision from a lower court, usually because it's outdated or wrong. Reversing occurs when a higher court changes a lower court's decision on appeal.
The Court of Appeal can avoid precedent using exceptions from Young v Bristol Aeroplane Company: when there are conflicting past decisions, when a Supreme Court decision effectively overrules them, or when the decision was made in error. The Supreme Court can use the 1966 Practice Statement to depart from its own previous decisions "where it appears right to do so."
Quick tip: Think of these methods as escape routes - they let judges avoid unfair or outdated precedents while maintaining legal stability.
Sign up to see the contentIt's free!
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Sign up to see the contentIt's free!
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Sign up to see the contentIt's free!
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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.
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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