Court Hierarchy and Doctrine of Precedent Flashcards
Ratio decidendi
A judges reason for deciding. The core principle underlying a court judgement in common law.
Doctrine of Precedent
The principle that a lower court is bound by the legal principles that are created by the decisions of a higher court.
Precedent
Principles established in past legal decisions.
Appellant Jurisdiction
The authority of a higher court to to hear appeals from the lower courts.
Original Jurisdiction
The disputes that a court hears on their first presentation. A ‘court of first instance.’
Persuasive Precedent
A common law precedent that may be used by a court in reaching a judgement but is not binding. Sources of this type of precedent include courts at equal or lower level in the same hierarchy, or courts in different hierarchies.
Binding Precedent
A decision of a higher court that must be followed by a lower court in the same jurisdiction.
Statute Law
Law made by Parliament
Common Law
Law that is based on previous judgments of the court.
Criminal Law
Deals with actions regarded as anti-social and dangerous to the community.
Civil Law
Deals with the disputes between two or more individuals in a community.
Stare decisis
To stand by what has been decided. Lower courts stand by the decisions made in the higher courts.
Obiter dictum
A statement made ‘by the way’. It refers to the comments made by the judge.
