The Doctrine of Judicial Precedent

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Doctrine of Judicial Precedent

The Doctrine of Judicial Precedent

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Doctrine of Judicial Precedent

  • Based on the principle of 'stare decisis', which means 'to stand by what has been decided'
  • This means the previous decisions of cases should be followed in future cases
  • This requires a stable court hierachy
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Doctrine of Precedent

The Court Hierachy

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The Court Hierachy

The Supreme Court

  • Bound by itself and binds all lower courts

The Court of Appeal

  • Bound by the Supreme Court, itself and binds all lower courts

The High Court

  • Bound by Supreme Court and Court of Appeal, but not itself. Also binds all lower courts

The Lower Courts (Magistrates, Crown & County Court)

  • Bound by the Supreme Court, Court of Appeal and High Court. Does not set precedent.
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Doctrine of Precedent

Ratio Decidendi & Obiter Dicta

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Ratio Decidendi

Ratio Decidendi

  • The reason for deciding
  • Binding precedent
  • R v Howe
  • Donoghue v Stevenson

Obiter Dicta

  • Things said in passing
  • Persuasive precedent
  • R v Howe


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Doctrine of Precedent

Persuasive Precedent

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Persuasive Precedent

  • Obiter Dicta
  • Decisions of the Scottish and Commonwealth courts - R v R, Wagon Mound (No1)
  • Decisions of the Lower Courts
  • Decisions of the Judicial Committee of the Privy Council
  • Dissenting Judgments
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Doctrine of Precedent

Law Reports

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Law Reports

Name of case

Court

Judges

Date

Summary of case

Legal Principle

Decision in court of first instance

Statutes

Lawyers

Judgment

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Law Reports

Examples of Law Reports and where they're found

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Books - All England Law Reports

Media - The Times, Guardian

Online - Supreme Court website, JUDIS

Journals - New Law Journal

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Comments

Ryan Whelan

Needs a bit more detail did help though thankyou!

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