Judicial Precedent Flashcards
What does ‘Judgment’ mean?
The speech by the judge at the end of a case in which he or she explains his or her decision and the reasons for it
What does ‘Ratio Decidendi’ mean?
- “Reason for decision”
- This part of the judgement is binding
What does ‘Obiter Dicta’ mean?
- “Other things said”
- This part of the judgement is not binding, but seen as persuasive, and the judge can follow it if they wish to
What does ‘Stare Decisis’ mean?
- “Stand by the decision”
- This is the principle on which precedent works
What does ‘Hierarchy of the Courts’ mean?
- The order of the courts
- Decisions of courts higher in the order bind all courts below them and themselves
What does ‘Binding Precedent’ mean?
This is a decision which must be followed
What does ‘Original Precedent’ mean?
This is a decision on a new point of law
What does ‘Original Precedent’ mean?
This is a decision on a new point of law
What does ‘Persuasive Precedent’ mean?
A decision which does not have to be followed but may ‘persuade’ the judge(s) to follow it
What does ‘Overruling’ mean?
Where a court decides that the law in a previous case was wrongly decided
What does ‘Reversing’ mean?
When a higher court rules that the lower court made the wrong decision in the same case
What does ‘Distinguishing’ mean?
Where a judge draws a distinction between the case he or she is trying and earlier case, so that the previous case does not have to be followed
What are ‘Law Reports’, and where can they be found?
A book or website which documents all of the cases (since it started) and the precedents of them. They can be found online, and in the Times newspaper
Supreme Courts and Precedents
- Must follows decisions of the European Court of Justice
Supreme Courts and Precedents (also Practice Statement)
- Must follows decisions of the European Court of Justice
- Normally follows its own past decisions but the Practice statement allows it to depart from previous decision ‘when it is right to do so’
