Original Precedent

Key Concepts in Legal Precedent

  • Highly Examinable Topics: Important for exam preparation, especially for the following types of questions:

    • Problem questions (A01)

    • Short answer questions (A02)

  • Courts Capable of Creating Precedents:

    • The Supreme Court (formerly the House of Lords)

    • The Court of Appeal

  • Original Precedent:

    • Defined as a case where a point of law is decided for the first time.

    • Example: Donoghue v Stevenson (1932)

    • In this landmark case, Lord Atkin established the tort of negligence.

    • Notable quote from the judgment:

      • "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour?"

Understanding the Court Hierarchy

  • Structure of the Court Hierarchy:

    • Supreme Court

    • Highest court in the hierarchy.

    • Decisions are authoritative and must be followed by lower courts.

    • Court of Appeal

    • Divided into two branches: Civil and Criminal.

    • Past decisions are generally binding on itself, with some exceptions.

    • Crown Court

    • High Court of Justice

    • Consists of three divisions: Queen's Bench, Chancery, Family.

    • Lower Courts:

    • Magistrates Courts

    • County Courts

  • Application of Court Hierarchy Rules:

    • Every court must adhere to decisions made by higher courts.

    • Appellate courts are bound by their prior decisions.

    • Superior courts can overrule lower court decisions and can sometimes overrule their own prior decisions.

Preparing for Scenario Questions

  • Importance of Knowing Court Decisions:

    • To effectively apply legal principles in scenario questions worth 28 marks, understand:

    • Which court made the precedent.

    • The position of the court within the hierarchy (Supreme Court > Court of Appeal > High Court).

  • Note on Precedents:

    • It is critical to identify which court established the precedent and where it fits within the legal hierarchy to apply it correctly in legal scenarios.

The hierarchy directly influences how precedents are applied in future cases, revealing the systematic nature of legal rulings and their binding effect on lower courts.