The Doctrine of Judicial Precedent Revision notes on the Doctrine of Judicial Precedent 2.5 / 5 based on 3 ratings ? LawJudicial precedentASAll boards Created by: Ryan KeefeCreated on: 15-05-11 15:32 Doctrine of Judicial Precedent The Doctrine of Judicial Precedent 1 of 12 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 2 of 12 Doctrine of Precedent The Court Hierachy 3 of 12 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. 4 of 12 Doctrine of Precedent Ratio Decidendi & Obiter Dicta 5 of 12 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 6 of 12 Doctrine of Precedent Persuasive Precedent 7 of 12 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 8 of 12 Doctrine of Precedent Law Reports 9 of 12 Law Reports Name of case Court Judges Date Summary of case Legal Principle Decision in court of first instance Statutes Lawyers Judgment 10 of 12 Law Reports Examples of Law Reports and where they're found 11 of 12 Books - All England Law Reports Media - The Times, Guardian Online - Supreme Court website, JUDIS Journals - New Law Journal 12 of 12
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