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Judicial Precedent - Coggle Diagram
Judicial Precedent
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Types of Precedent
Original Precedent
If the point of law in a case has never been decided before, then whatever the judge decides will form a new precedent for future cases to follow.
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Persuasive Precedent
This type of precedent is not binding but the judge can consider it and decide that it is the correct principle so he is persuaded that he should follow it.
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Binding Precedent
This is a precedent from an earlier case which must be followed even if the judge in the latter case does not agree with the legal principle.
Doctrine of Precedent
The doctrine of precedent is a source of law that states that the lower court must follow the decisions of the court above.
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Supreme Court
Supreme Court
Apart from cases concerning European law, the Supreme Court is the highest appeal court on civil and criminal matters, and all other English courts are bound by it.
Court of Appeal
Both divisions of the Court of Appeal are bound to follow the decisions of the Court of Justice of the European Union and the Supreme Court.
The first rule is that decisions by one division of the Court of Appeal will not bind the other division. However, within each division, decisions are normally binding.
In Young v Bristol Aeroplane Co Ltd (1946) the Court of Appeal stated that the Civil division is usually bound by its own previous decisions.
5 Exceptions
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Where there is a later, conflicting Supreme Court or House of Lords decision.
Where a proposition of law was assumed to exist by an earlier court and was not subject to argument or consideration by that court
Where there are two previous conflicting decisions, the court can choose which one it will follow and which it will reject.
Due to the Human Rights Act 1998 the Court of Appeal could possibly overrule its previous decisions where they conflict with the provisions of the European Convention on Human Rights.
Judicial Precedent refers to the source of law where past decisions of the judges, create law for future judges to follow. (Case Law)