Chapter 6: Judicial Precedent (6.3 The Supreme Court (formerly the House…
Chapter 6: Judicial Precedent
6.2 The hierarchy of the courts
6.2.1 Appellate Courts
6.2.2 Courts of the first instance
6.2.3 The court of Justice of the European Union
6.8 Advantages and disadvantages of precedent
6.3 The Supreme Court (formerly the House of Lords)
6.3.1 The practice statement
6.3.2 Use of the Practical Statement
6.3.3 The Practise Statement in criminal law
6.3.4 The Supreme Court
6.1 The doctrine of precedent
6.1.1 Original precedent
A decision on a point of law that has never been deceasing before.
6.1.2 Binding precedent
A decision in an earlier case which must be following in later cases.
Following the decisions of previous cases, especially of higher courts.
6.1.3 Persuasive precedent
A decision which does not have to be followed by later cases, but which a judge may decide to follow.
Dissenting judgement - a judgement given by a judge who disagrees with the reasoning of the majority of judges in the case.
6.4 The Court of Appeal
6.4.1 Decisions of courts above the Court of Appeal
6.4.2 The Court of Appeal and its own decisions
6.4.3 The Court of Appeal (Criminal Division)
6.6 The operations of precedent
A method by which a judge avoids having to follow what would otherwise be a binding precedent.
6.7 Precedent and Acts of Parliament
6.5.1 Stare decisis
Means 'stand by what has been decided and do not unsettle the established'. It is the foundation of judicial precedent.
6.5.2 Ratio decidendi
The reason for the decision. This forms a precedent for future cases.
6.5.3 Obiter dicta
Means 'other things said'. So it is all the rest of the judgement apart from ratio decidendi. Judges in fire cases do not have to follow it.
6.5.4 Law reporting