Judicial Precedent

1. The Doctrine of Judicial Precedent

"Let the decision stand" - where courts follow previous decisions in similar cases to ensure consistency and predictability in the law.

Binding precedent, e.g. Donoghue v Stevenson

Persuasive precedent, e.g. R v Howes

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2. The Hierarchy of the Courts

Magistrates' Court; Crown Court; ______; Court of Appeal; Supreme Court

When higher courts bind lower courts; when courts bind equal courts

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3. Law Reporting

Law reporting is publishing judicial decisions from higher courts to preserve and share binding precedents, ensuring consistency and predictability in the law's _____

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THE OPERATION OF JUDICIAL PRECEDENT

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1. Following

When a court follows a previous decision, it applies the legal principle established in an earlier case because the facts are similar, and the precedent is binding. e.g. ___

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2. Distinguishing

Distinguishing occurs when a court decides that the facts of a current case are sufficiently different from a previous case, so the earlier decision is not binding, e.g.

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3. Overruling

Overruling occurs when a higher court decides that a previous decision (either its own or a lower court’s) was wrong and changes the legal principle, e.g. R v G overruled ________

The Practice Statement (1966) was issued by the House of Lords to allow it to depart from its own previous decisions when it believed that following precedent would lead to an unjust or outdated outcome, e.g. R v G overruled _______

The Court of Appeal can depart from its own decision where:

a) The Supreme Court _____ overruled it

b) There are _____ judgements, in which case the CA can choose which to follow

c) When a judgement is made in ______