types of judicial precedent

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what is judicial precedent
judicial precedent is the source of law where past decisions of the judge create law for the future judges to follow.
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Original precedent
there has been no previous cases using similar point of law. whatever the judges decide will form a new precedent in the future. this is where essentially all precedent are made
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reasoning by analogy
there are no past decisions on particular case judges often look at cases closest to the principle and may decide similar rules.
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Hunter and Others Canary Wharf Ltd and London development corporation
interference with television reception from a large building was able to create private annoyance. because the individual wasnt able to watch TV because of the building blocking the signal. Claimant and others sued. interference= tower
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binding precedent
earlier case which must be followed even if the judge in the later case does not agree with the legal principle
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why is binding precedent created
only created when the facts of the second case are sufficiently similar to the original case and the decision was made by a court which is senior to the hearing the later case
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persuasive precedent
precedent that is not binding. the judges may consider it and decide that its the correct principle persuaded to follow,court follow decision if its beneficial for them
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courts lower in the hierarchy
RvR: HoL agreed with and followed the same reasoning as the Co of Appeal in deciding that a man should be guilty for rapping his wife.The decision of the Lower court had persuaded the higher court
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the division of the Judicial Committee of the Privy Council
the court is not part of the court hierarchy in England and Wales and so the decision is not binding, but since many of its judges are also members of the supreme court
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statements made obiter dicta -'other things mentioned'
this happens particularly where the comments were made in a supreme court in a supreme court or previously a HoL decisions. It is clearly seen in the law on duress ( force, compulsion, threatening) to murder or attempt murder someone
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a dissenting judgement
case has been decide by a majority of judges, the judge who disagreed will have explained his reason. if that case goes on appeal to the supreme court, it is possible that the supreme court may prefer the dissenting judgement an decide the case.
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decision of the courts inn other foreign countries
the common wealth countries such as Canada, New zealand and Australia are able to use the English system to create their own binding precedent
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Card 2

Front

Original precedent

Back

there has been no previous cases using similar point of law. whatever the judges decide will form a new precedent in the future. this is where essentially all precedent are made

Card 3

Front

reasoning by analogy

Back

Preview of the front of card 3

Card 4

Front

Hunter and Others Canary Wharf Ltd and London development corporation

Back

Preview of the front of card 4

Card 5

Front

binding precedent

Back

Preview of the front of card 5
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