- Stare decisis - to stand by what has been decided
- Ratio decidendi - the legal reason for the decision
- Obiter dicta - other things said
- Binding precedent - a precedent which must be followed
- Original precedent - law that is created through the outcome of a case which becomes binding precedent to all future cases
- Persuasive precedent - Judgments which do not have to be followed, but can be considered if the judge wishes it. e.g - decisions by courts lower in the hierarchy, decisions of the privy council, statements made obiter dicta, a dissenting judgment and decisions of other common law juridictions
The Court Hierarchy:
The Supreme Court:
- The highest court in the English legal system
- Final appeal court in the UK
- Bound by its own decisions until the 1966 Practice Statement
- The Practice Statement allows the court to change their mind on the outcome of a case, rather than just following the precedent
The Court of Appeal:
- Directly below the Supreme Court
- Bound by the decisions of the Supreme Court and its own decisions
- Has no Practice Statement but there are exceptions (Young v Bristol Aeroplane Co.)
- The decisions of the Civil Division bind all lower civil courts
- The decisions of the Criminal Division bind all lower criminal courts
- Only the Supreme Court can overrule this
When can the Court of Appeal avoid following precedent?
- Outlined by the Young v Bristol Aeroplane case
- When a previous decision conflicts with later Supreme Court decision the Supreme Court precedes
- When there are two conflicting Court of Appeal decisions, the judge can choose which to follow
- When the decision is made per incuriam (wrong)
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