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    Overview, Binding and Persuasive

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    amykeikei
    1) Precedent refers to previous court decisions that bind or influence future cases on similar issues. 2) Higher courts bind lower courts, meaning lower courts must apply and follow the legal rules or ratios from higher court decisions to cases with similar facts. 3) The ratio decidendi or reason for the decision is the binding part of a precedent that lower courts must follow, while obiter dicta or other comments in the decision are not binding but may still be persuasive.

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    Overview, Binding and Persuasive

    Uploaded by

    amykeikei
    30 views9 pages
    1) Precedent refers to previous court decisions that bind or influence future cases on similar issues. 2) Higher courts bind lower courts, meaning lower courts must apply and follow the legal rules or ratios from higher court decisions to cases with similar facts. 3) The ratio decidendi or reason for the decision is the binding part of a precedent that lower courts must follow, while obiter dicta or other comments in the decision are not binding but may still be persuasive.

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    Doctrine of Precedent

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    1) Precedent refers to previous court decisions that bind or influence future cases on similar issues. 2) Higher courts bind lower courts, meaning lower courts must apply and follow the legal rules or ratios from higher court decisions to cases with similar facts. 3) The ratio decidendi or reason for the decision is the binding part of a precedent that lower courts must follow, while obiter dicta or other comments in the decision are not binding but may still be persuasive.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views9 pages

    Overview, Binding and Persuasive

    Uploaded by

    amykeikei
    1) Precedent refers to previous court decisions that bind or influence future cases on similar issues. 2) Higher courts bind lower courts, meaning lower courts must apply and follow the legal rules or ratios from higher court decisions to cases with similar facts. 3) The ratio decidendi or reason for the decision is the binding part of a precedent that lower courts must follow, while obiter dicta or other comments in the decision are not binding but may still be persuasive.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    Doctrine (rules) of

    Precedent

    Overview, Binding and Persuasive


    predent
    PRECEDENT – a definition

    Precedent is a major source of law –

    …precedent is all the


    decisions I have made
    in the past that other
    judges now follow.

    Precedent is also known as


    CASE LAW
    PRECEDENT – and Stare Decisis
    It means – let the previous decision stand.

    It’s important because -


    • Points of law decided in previous similar cases must
    be followed.
    • Earlier decisions influence later cases that are similar.
    • Higher courts assume priority over lower courts.
    • Higher courts therefore BIND lower courts.
    • The system is predictable, fair and consistent.
    • Binding precedent is the most important part of Stare
    decisis - it provides consistency in law
    A Level Law - Hierarchy of courts Civil Courts
    Binds all
    Courts but only European Court of Justice
    On European law

    Only court that can


    Binds itself
    And lower courts
    Supreme Court Overrule it’s own
    decisions

    Binds itself
    And lower courts Court of Appeal Civil Division

    Binds itself
    And lower courts
    Divisional courts

    Binds itself
    And lower courts High Court

    Doesn’t bind
    any court Magistrates Court County Court
    A Level Law - Hierarchy of courts Criminal Courts
    Only court that can
    Binds itself
    And lower courts
    Supreme Court Overrule it’s own
    decisions

    Binds itself
    And lower courts Court of Appeal Criminal Division

    Binds itself
    And lower courts Queens Bench Divisional court

    Doesn’t bind
    any court Crown Court

    Doesn’t bind
    any court Magistrates Court
    Stare Decisis
    – where’s it all written down?

    • For stare decisis to work – judges need access to


    details of past cases.
    • Earliest cases – 13th century.
    • 1865 – Council of Law Reporting established.
    • Most widely used modern record – All England Law
    Reports.
    • LEXIS – electronic law reporting system.
    • Huge increase in electronic systems and data-bases
    on-line through the internet.
    • Web portal to cases and blogs on law - See Matrix
    Churchill blog.
    • Case notes of A level law. LRC E law student.
    PRECEDENT and the ratio decidendi

    It means the reason for deciding

    If the obiter dicta explains how I got to my decision . . .

    the ratio decidendi


    is the heart of the actual
    decision itself The ratio decidendi is what later judges
    must follow - the essence of Stare decisis

    The ratio decidendi is the KEY to the decision


    that has been made.

    The ratio decidendi BINDS later judges hearing similar cases.


    This especially the case in lower courts and the same court.
    PRECEDENT and Obiter Dicta

    It means other things said.

    As I make my judgement, I may


    give supporting arguments and
    points that explain how I
    arrived at my decision in order
    to make my judgement clearer.

    how the decision


    might affect
    future situations
    my thought
    Obiter processes
    why I arrived at this
    dicta may decision, and not
    include… another…
    PRECEDENT – THE KEY TERMS
    PROBLEMS
    •Cases often end with more
    Stand by what
    than one speech. Upto 9 in
    STARE DECISIS has been
    the Supreme Court.
    decided – do not
    •No sub-headings in unsettle the
    judgments to help separate established.
    ratio decidendi from obiter
    dicta.
    The reason for
    ‘Other things the decision.
    said’ – judges in Precedent – all
    Judges in the
    future cases do the decisions
    same or lower
    not have to made in the courts must
    follow it. past that other follow where
    judges now facts are similar.
    follow

    OBITER DICTA RATIO DECIDENDI

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