The System of Precedent

Question 1

What is the principle of stare decisis?

Answer 1

Let decisions stand- court holdings in previous cases dictate the result in later cases involving the same law and similar facts

Question 2

What is ‘vertical binding effect?’

Answer 2

Rulings of higher courts bind the lower courts

Question 3

Outline the order that criminal cases pass through the UK court system

Answer 3

1. Magistrates court (all cases)
   More serious cases sent to
2. Crown Court
   Appeals from Crown Court
3. Court of Appeal (crim div)
4. Supreme Court

Question 4

Outline the order that civil cases pass through the UK court system

Answer 4

1. County Court
   Appeals
2. High Court
3. Court of Appeal

Question 5

What is horizontal binding effect?

Answer 5

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.

Question 6

Does the Supreme Court have horizontal binding effect?

Answer 6

Yes-the Supreme Court does bind itself although it does have the ability to depart from prev dec if outcome unfair

Question 7

Does the Court of Appeal have horizontal binding effect?

Answer 7

Yes, decisions generally treated as binding in future Court of Appeals

Question 8

Does the Court of Appeal (criminal div) have horizontal binding effect?

Answer 8

Court has discretion to depart from its own decisions if convinced the decision was wrong and would cause hardship

Question 9

Does the High Court have horizontal binding effect?

Answer 9

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

Question 10

Does the Magistrates’ Court have horizontal binding effect?

Answer 10

No, the Magistrates’ Court cannot bind itself

Question 11

Does the Crown Court have horizontal binding effect?

Answer 11

No, the Crown Court cannot bind itself

Question 12

Does the County Court have horizontal binding effect?

Answer 12

No, the County Court cannot bind itself

Question 13

Does the High Court have horizontal binding effect?

Answer 13

No, not if it is a court of first instance

Question 14

If there is a conflicting decision of coordinate jurisdictions (court of same level that made decision in prev case) which should be followed?

Answer 14

The latter decision

Question 15

Aside from horizontal/ vertical binding effect, what must be considered when deciding if there is binding precedent to guide a court?

Answer 15

If there is also a prior decision involving similar facts and the same laws

Question 16

What is the ratio decidendi?

Answer 16

The part of the case that are essential to the court’s decision- facts, laws etc.

Question 17

Is the ratio decidendi binding?

Answer 17

Yes

Question 18

What is ‘obiter dictum?’

Answer 18

Other statements a judge makes which are not actually essential to reaching the conclusion that was reached

Question 19

Is obtiur dictum a binding precedent?

Answer 19

No, although it may be used as persuasive authority

Question 20

In a unanimous judgement (where multiple judges hearing the case agree on ruling), which part of the judgement is binding?

Answer 20

The ratio of the decision

Question 21

In an non-unanimous judgement (where multiple judges hearing the case disagree on ruling), which part of the judgement is binding?

Answer 21

The ratio from the majority opinion

Question 22

Can the opinion of a judge in the minority verdict of a decision be binding?

Answer 22

No, however it can be treated as obiter dictum and serve as persuasive authority