judicial precident

maxim stare decisis

‘stand by what has been decided’, ensures that law is fair and certain

doctrine of precedent

past decisions of judges create the law for future judges to follow, shows unity between judges

types of binding precedent

1. original

2. persuasive

3. binding

original

a judge deciding a new precedent on a point of law that has not previously been decided before

reasoning by analogy

when judge look at cases similar and decide new precident with the similar rules

binding precedent

precedent from an earlier case that must be followed, even if the judge who has to apply it disagrees

persuasive precedent

precedent that is not binding on the court however the judge may concider it, beleive its the correct principle and decide to follow it

schweppes v trading agreements

willmer LJ said ‘i am now bound by the same decision by the majority in the pervious case’

dissenting judgement

a judgement delivered by a judge who disagrees with the majority in relation to the case at hand

precedent does not have to be followed if…

a decision is not in line with the hra

hierarchy

every court is bound to following any decision made by a court above it

obiter dicta

‘other things said’, statements made in a judgement that were not a part of the point of law deciding the case

distinguishing

a court decides the legal reasoning of a precedent will not apply due to materially different facts between the two cases

ratio decidenci

‘the reason for the decision’, rules the judge used as a step in reaching the conclusion

law reporting

published information on court procedings and rullings