Law Key Words ELS🕵🏻(Judicial Precedent) Flashcards
Precedent
A precedent is something that precedes, or comes before. The Supreme Court relies on precedents—that is, earlier laws or decisions that provide some example or rule to guide them in the case they’re actually deciding
Original precedent
A decision on a point of Law that has never been decided before.
Binding precedent
A decision in an earlier case which must be followed in later cases
Persuasive precedent
A decision which does not have to be followed by later cases, but which a judge may decide to follow
Dissenting judgement
A judgement given by a judge who disagrees with the reasoning of the majority of the judges in the case.
Appellate courts
These courts hear appeals. In our legal system they are;
Supreme Court
Court of Appeal
Divisional Courts
Courts of first instance
Refers to any court where the trial is heard for the first time.
Supreme Court
The highest appellate court in the UK system
Practise statement
Lord Gardiner, issued a Practice Statement allowing the House of Lords to depart from a previous decision where it appears right to do so
Stare decisis
Stand by what has been decided and do not unsettle the established
Obiter dicta
‘other things said’ – this does not have to be followed but may form persuasive precedent
Ratio decidendi
The reason for the decision- this forms precedent for all future cases.
Following
Where there is previous precedent- the judge decides it is relevant the judge should follow the decision.
Overruling
This is where a judge in a later case decides that the legal rule decided in an earlier case is wrong. This may occur when a higher court overrules a decision made earlier by a lower court.
Distinguishing
A method which can be used by judges to avoid precedent- the judge finds the material facts to be different for them to draw a distinction between.
