Legal Systems of England and Wales - System of Precedent

Question 1

Common law

Answer 1

Case law and legislation

Question 2

Vertical binding effect

Answer 2

Decisions of higher level courts bind lower level courts

Question 3

Horizontal binding effect

Answer 3

Earlier decision of the same court is binding on itself

Supreme Court cannot bind itself. Court of Appeal decisions in civil division generally treated as binding. Whereas in criminal division court has discretion to depart from its own decisions if it was wrong or would cause hardship

High Court decisions when it is acting as a court of first instance are NOT binding. When acting as an appellate court they ARE binding

Question 4

Binding precedent

Answer 4

Judgment must be concerned with a statement of law and facts must be similar

Question 5

Distinguishing

Answer 5

Court indicates that the material facts of a previous case and those of the instant case are different and, thus, allows the court to avoid applying the law of a previous case. E.g. if previous case was criminal and current case is civil, case law not applied

Question 6

Ratio decidendi (‘the ratio’)

Answer 6

Essential to the court’s decision - the facts, laws and interpretations of the laws

Question 7

Obiter dictum

Answer 7

Other statements a judge may make in their summation - not binding. Can be used as persuasive authority

Question 8

Opinion of minority judge

Answer 8

Obiter dictum