Judical Precedent Flashcards
Certainty in law
A fundamental principle of the English legal system and therefore places some limits on judicial discretion.
The ‘doctorine of precedent’
Courts must follow the decisions reached in previous cases in superior courts, when ruling a judgement.
Stare decisis
Let the decision stand
Certainty of the law always overrides the uniqueness of the case.
UK Courts
Supreme Court
Court of appeal
High court
Crown court County court
Magistrates court Tribunals
Binding precedent
Only superior courts can set precedent.