Zusammenfassung der Ressource
Judicial Precedent
- Stare Decisis
- 'stand by the decision'
- Like cases
should be treated
alike
- All courts are
bound by the
decisions of
those higher in
the hierarchy.
- Ratio Decidendi
- This is the part of the
judgement that forms
precedent for future cases.
- The ratio is the
binding part.
- Obiter Dicta
- This is the non binding
part of a judgement
- Things said 'by the way'
- Original Precedent
- If there is no past cases for the
judge to base his decision on, he
will look for cases with similar
principles to base his decision on.
- Hunter v Canary
Wharf
- Law Reporting
- Reports are
prepared by
barristers and
signed by them.
These are
needed in order
to see what the
ratio within a
case is.
- Court Structure
- Criminal Courts
- European Court of Justice
- Supreme Court
- Court of Appeal (Criminal
Division)
- Crown Court
- Magistrates Court
- Civil Courts
- European Court of Justice
- Supreme Court
- Court of Appeal (Civil Division)
- High Court
- County Court
- Persuasive Precedent
- If an earlier
case is not
binding it
may still be
persuasive.
- Parts of a
case may act
as persuasive
precedent.
- Obiter Dicta
- Courts in other countries.
- Dissenting Judgement
- Courts lower in the hierarchy: R v R 1991
overruled Miller 1954.
- Decisions of the judicial
committee of the privy council.