Judicial Precedent

Judicial Precedent

Judicial precedent is a decision made by a judge that is followed in the future cases, using the principle of 'stare decisis' (stand by the decision)

Binding precedent = when higher courts make precedent that lower courts must follow. 

Persuasive precedent = when lower courts make decisions that may be used by higher courts. 

The court hierachy:

Supreme Courts:

Appeals are heard when it is a matter of public importance - affects the whole of the country.

Court of Appeal:

They hear appeals from the lower courts. Make final decisions on matters over 90% of the time.

High Court:

Mainly civil cases e.g. family and money cases. 

Crown Court/ County Court:

Civil court, used when the punishment is more than 6 months or a £10,000 fine.

Magistrates Court:

They are used for summary offences, anything less than 6 months or a £10,000 fine.

Main elements of a judgement

Summary = an overview of the facts of the case 

Verdict = the decision made, the outcome of the case

Ratio Decidendi:

The 'reason for deciding'…