Judicial Precedent

Question 1

What is precedent?

Answer 1

Precedents are decisions made on a point of law by senior courts which must be followed by lower courts in the hierarchy when a later case raising the same point of law arises.

Question 2

Stare decisis

Answer 2

• stand by the decision (and not unsettle the established)
  -like cases should be treated alike
  -cases with the same facts should be decided in the same way

Question 3

Hierarchy of the courts

Answer 3

Supreme Court (the privy council)
|
V
Court of Appeal
| |
V V
Civil Division. Criminal division (Chancery, family) (Kings Bench Division)
Divisional courts
| |
V V
High Court Crown court
| |
V V
County court. Magistrates court