#Exam 2- Judicial Precedent Flashcards
what is the hierachy of courts in civil cases
COJ of the EU Supreme court Court of Appeal divisional courts high court county court
what is the hierachy of criminal courts
supreme court court of appeal Queens bench divisional court crown court magistartes court
what are courts bound by eu court
all courts bound by it
highest court in the UK
Supreme court
what courts must the court of appeal follow
the supreme court
itself
what are the exceptions for the court of appeal
conflicting past decisions
HoL/ SC which overrules CoA decisions
decision made in error
what is stare decisis
stand what has been decided follow old law for fairness
ratio decidendi
reasons for deciding- part pf judgement which creates law
obiter dicta
other parts of judgement- these do not create law.
binding precedent
decisions of higher courts which must be followed by lower courts
persuasive precedent
previous decision which doesn’t have to be followed
original precedent
no previous legal decision
new law
distinguishing
method of avoiding past decision because facts are different
overruling
decision in old case was wrong
reversing
when a high court overturns the decision in a lower court
