L3 The Court Hierarchy, Case Law and the System of Judicial Precedent

what is the overall structure of the court system in England and Wales?

it is hierarchical, with appeals travelling up and precedent binding down. at the top is the Supreme Court, then the court of appeal, high court, crown court, country court, magistrates’ courts and specialist tribunals.

what does stare decisis mean?

it means “to stand by the thing decided.” in legal terms, lower courts must follow binding decisions of higher courts on similar facts and legal issues.

what is the difference between a court of first instance and appellate court?

a court of first instance hears and decides a case for the first time on the evidence. an appellate court reviews lower courts decision for legal or procedural error.

what counts as a proper ground of appeal?

an appeal must challenge an error of law or a procedural irregularity, such as important evidence not being heard or a risk of bias. it is not enough simply to dislike the outcome.

what is the difference between superior courts and inferior courts?

superior courts have unlimited or unrestricted jurisdiction and supervise courts below them. inferior courts have limited jurisdiction, often by subject matter, value, or geography, and are subject to appeal and supervision.

what is the role of tribunals in the uk legal system?

tribunals resolve disputes in specialist fields, often as the required first route before court. they were created to provide expert, coherent, and cost-effective decision-making.

what are the main functions of the magistrates courts?

they are inferior courts that hear minor criminal offences and some limited civil matters. they are presided over by law magistrates, usually sit without a jury, and are bound by higher courts.

what kind of cases does the county court hear?

the county court deals only with civil matters, including debt recovery, personal injury, landlord and tenant disputes, contract, tort, land, money, and some equity claims up to £350,000.

what is the crown court mainly used for?

the crown court tries indictable offences on indictment before judge and jury, hears appeals from magistrates courts against conviction or sentence, and deals with defendants committed for sentence.

how are criminal offences classified for trial purposes?

offences are classified as indictable only, triable either way, or summary only. indictable only offences go to the crown court; summary only offences go the magistrates court; either way offences may go to either, depending on the mode of trial decision.

what is the high courts position in the hierarchy and what does it do?

the high court is a superior court with unlimited civil jurisdiction at first instance and appellate and supervisory functions. its decisions bind lower courts but not the court of appeal or supreme court.

what is special about the uk supreme courts approach to precedent?

it binds all courts below it, but in practice it usually follows its own earlier decisions unless there is a strong legal reason to depart from them. it may do so where it appears right to do so.

what is the difference between binding and persuasive precedent?

binding precedent must be followed by a lower court when facts and legal issues are sufficiently similar. persuasive precedent does not have to be followed, but must be considered seriously.

what is the ratio deidendi, and why is it important?

the ratio decidendi is the reason for the decision: the legal rule and reasoning essential to resolving the case. it is the part of a judgement that can create binding precedent.