Section 2A: Judicial Precedent Flashcards
What is meant by ‘Stare Decisis’?
Stand by what has been decided.
What is Stare Decisis?
The point of law in a previous case and the present case is the same so the court hearing should follow the decision made in the previous case.
What does Stare Decisis promote?
Rule of Law - judges create consistency.
What does the system of Stare Decisis rely on?
- Hierarchy of Courts
- Law Reports
Why is the Hierarchy of Courts important for Stare Decisis?
Judges need to know which courts above they are bound by.
What is law reporting?
Decisions in cases are usually written within law reports so other judges can easily access this and check what decision was made in the previous case.
Give an example of Law Reports.
- All England Reports
- Weekly Law Reports
- Legal Databases, e.g. lexisnexis, westlaw
Why is the hierarchy of courts essential for judicial precedent?
The higher courts bind the courts below it, and the appellate courts are bound by their past decisions. Superior courts create binding precedent and inferior courts create persuasive precedent.
What is an appellate court?
They review appeals relating to cases already heard in a lower court, e.g. Supreme Court and Court of Appeal.
What is a court at first instance?
Where cases are heard first, e.g. Magistrates Courts and County Courts.
Describe the Hierarchy of the Courts
- Supreme Court
- Court of Appeal
- High Court
- Inferior Courts (County courts, crown courts, magistrates courts)
What is the European Court of Justice?
Prior to leaving the EU, the European Court of Justice was the highest UK court and he UK courts were bound by the decisions of the CJEU. A case can still be referred to the CJEU for an opinion but there is no right to appeal to the CJEU from a UK court.
What is the European Court of Human Rights?
The Supreme Court must take account of any decisions of the decisions of the ECHR but it is not bound to follow them. The UK’s exit from the EU does not change the jurisdiction of the ECHR as this court is separate from the EU.
What is the Supreme Court?
Most senior domestic court in the UK and its decisions bind all the courts below it. Before the Practice Statement 1966, it was bound by its past decisions, but now it does not have to follow its past decisions, although it usually does.
