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SOURCES OF LAW - Coggle Diagram
SOURCES OF LAW
MAIN SOURCES
Legislation (Acts of Parliament)
Judicial precedent
(the decisions of judges)
source of large part of common law and equity
a judge making a decision in a court case on a particular aspect of law
other judges following this decision in subsequent cases
a system of law reporting starting in 1866
the administration of the courts reorganizing by the Judicature Acts 1873-75
PRINCIPLES
RATIO DECIDENDI:
binding on subsequent cases (similar facts in the same branch of law)
OBITER DICTA:
decisions of the judicial Committee of the Privy Council; persuasive authority; not part of the English legal system; the Law Lords; great influence on subsequent cases with similar facts
DISTINGUISHING:
the facts of a case appear similar to a binding precedent; some aspect or fact not covering by the ratio decidendi of the earlier case
OVERRULING:
the ratio decidendi by a lower court - not the correct law; the higher court - overruling the previous precedent and setting a new precedent for the future cases
REVERSAL:
upholding or reversing the decision of the lower court
DISAPPROVAL:
some doubt as to the standing of a previous principle; disapproving, but not expressly overruling the earlier precedent
SUBSIDIARY SOURCES
Custom
Books of authority
THE HIERARCHY OR STANDING
OF THE COURTS
1) THE HOUSE OF LORDS
the highest appeal court in civil and criminal matters
decisions of this court binding on all lower courts
not binding by precedent
departing from their own previous decisions
(without a negative effect, particularly on criminal law and commercial and business transactions)
2) THE COURT OF APPEAL (CIVIL DIVISION)
binding by decisions from the House of Lords
binding by its own previous decisions
departing from previous decisions under only certain circumstances
decisions binding on all other lower courts
decisions not binding the Criminal Division of the Court of Appeal.
3) THE COURT OF APPEAL (CRIMINAL DIVISION)
binding by decisions from the House of Lords
unlike the Civil Division of the Court of Appeal, this court - not always binding to follow its own previous decisions
the decisions of this court - not binding on the Civil Division of the Court of Appeal
the decisions not it binding by decisions of the Civil Division
4) THE DIVISIONAL COURTS
OF THE HIGH COURT
binding by the decisions of the House of Lords and Courts of Appeal
the civil divisional courts bounding by their own previous decisions
the Divisional Court of the Queen’s Bench Division (criminal matters) - not strictly holding to its previous decisions
decisions of the Divisional Court - binding on judges of the same division of the High Court sitting alone, and on the inferior courts
5) THE HIGH COURT
decisions of cases of first instances - binding on the inferior courts
decisions of cases of first instances - not binding on other High Court judges
a previous decision of a High Court judge - a persuasive precedent (not binding in other High Court cases)
applying High Court judges sitting in the Crown Court
not applying to Circuit judges or Recorders, and they binding by previous decisions of a High Courts judge
decisions of the House of Lords, Courts of Appeal and Divisional Courts of the High Court - binding on these courts
6) THE INFERIOR COURTS (THE COUNTY COURTS, THE MAGISTRATES COURTS, THE COURTS OF FIRST INSTANCE)
the county courts and the magistrates’ courts - binding by decisions of the superior courts
not binding by their own decisions - not a precedent
THE STANDING OF DECISIONS
not all decisions of judges - a precedent
A GENERAL RULE: lower courts binding by decisions of higher courts, and some courts binding by their own previous decisions