The System of Precedent Flashcards
What is the principle of stare decisis?
Let decisions stand- court holdings in previous cases dictate the result in later cases involving the same law and similar facts
What is ‘vertical binding effect?’
Rulings of higher courts bind the lower courts
Outline the order that criminal cases pass through the UK court system
- Magistrates court (all cases)
More serious cases sent to - Crown Court
Appeals from Crown Court - Court of Appeal (crim div)
- Supreme Court
Outline the order that civil cases pass through the UK court system
- County Court
Appeals - High Court
- Court of Appeal
What is horizontal binding effect?
Concerns courts of the same level binding themselves by their decisions (where the law is the same and facts are the same/ similar) unless there is a convincing reason for not doing so.
Does the Supreme Court have horizontal binding effect?
Yes-the Supreme Court does bind itself although it does have the ability to depart from prev dec if outcome unfair
Does the Court of Appeal have horizontal binding effect?
Yes, decisions generally treated as binding in future Court of Appeals
Does the Court of Appeal (criminal div) have horizontal binding effect?
Court has discretion to depart from its own decisions if convinced the decision was wrong and would cause hardship
Does the High Court have horizontal binding effect?
Yes- if the decision was made in a case where High Court was acting as an appellate court.
No- if High Court is actin as a court of first instance
Does the Magistrates’ Court have horizontal binding effect?
No, the Magistrates’ Court cannot bind itself
Does the Crown Court have horizontal binding effect?
No, the Crown Court cannot bind itself
Does the County Court have horizontal binding effect?
No, the County Court cannot bind itself
Does the High Court have horizontal binding effect?
No, not if it is a court of first instance
If there is a conflicting decision of coordinate jurisdictions (court of same level that made decision in prev case) which should be followed?
The latter decision
Aside from horizontal/ vertical binding effect, what must be considered when deciding if there is binding precedent to guide a court?
If there is also a prior decision involving similar facts and the same laws
What is the ratio decidendi?
The part of the case that are essential to the court’s decision- facts, laws etc.
Is the ratio decidendi binding?
Yes
What is ‘obiter dictum?’
Other statements a judge makes which are not actually essential to reaching the conclusion that was reached
Is obtiur dictum a binding precedent?
No, although it may be used as persuasive authority
In a unanimous judgement (where multiple judges hearing the case agree on ruling), which part of the judgement is binding?
The ratio of the decision
In an non-unanimous judgement (where multiple judges hearing the case disagree on ruling), which part of the judgement is binding?
The ratio from the majority opinion
Can the opinion of a judge in the minority verdict of a decision be binding?
No, however it can be treated as obiter dictum and serve as persuasive authority
