Court Hierarchy and Precedent Flashcards
What is precedent?
a statement of law made by the court which is subsequently followed by other courts
How does precedent develop?
- Issue requiring solution
- The legislation is not clear
- The Courts provide interpretation based on certain concepts i.e.
The rule of law
Essential freedoms
Adherence to previous cases
What is the basic rule of precedent?
lower courts must take heed of higher courts
Who is and is not bound by decisions of the Supreme Court?
All lower courts are bound
the Supreme Court does not bind itself
When can the Supreme Court depart from its own previous decision?
If the previous decision causes injustice, impedes the development of law or causes uncertainty
This should be done sparingly
What effect do decisions of the Judicial Committee of the Privy Council have?
They are persuasive, not binding
Explain how the Court of Appeal binds / is bound
It is bound by the Supreme Court
It binds all lower court
There is a presumption that the Court of Appeal binds itself, but it can depart from its own previous decision in limited circumstances
When can the Court of Appeal depart from its own decision?
Where:
o It conflicts with another previous decision; or
o It has been implicitly overruled by the SC; or
o Was made per incuriam (i.e. through carelessness); or
o The decision was made by 2 judges on an interlocutory basis and the decision was wrong
It is rare for this to happen
Explain how the High Court (as an appellate body) binds / is bound
Bound by the Supreme Court and court of appeal
Binds all lower courts (inc. the High Court in the first instance)
There is a presumption that the High Court (Appellate) binds itself, but it can depart from its own previous decision in limited circumstances
When can the High Court (appellate) depart from its own decision?
Where:
o It conflicts with another previous decision; or
o It has been implicitly overruled by the SC; or
o Was made per incuriam (i.e. through carelessness); or
o The decision was made by 2 judges on an interlocutory basis and the decision was wrong
It is rare for this to happen
Explain how the High Court (as the court of 1st instance) binds / is bound
Bound by Supreme Court, High Court (appellate) and Court of Appeal
Binds all lower courts (i.e. the county court)
Is not bound by its own decisions, but judges should try not to depart from their decisions
Explain how the Crown Court binds / is bound
Bound by Supreme Court, Court of Appeal and High Court
Cannot bind any other courts and not bound by its own decisions, but they can be persuasive
Explain how the County Court and Family Courts binds / is bound
Bound by Supreme Court, Court of Appeal and High Court
Cannot bind any other courts and not bound by its own decisions
Explain how the Magistrates Court binds / is bound
Bound by Supreme Court, Court of Appeal and High Court
Cannot bind any other courts
When will the decision of one case be binding on another?
The following requirements are met:
o There is a proposition of law;
o The proposition is part of the ratio decidendi;
o The proposition is decided in a court whose decisions are binding on the present court; and
o The case is not capable of being distinguished from an earlier case
