Professional Documents
Culture Documents
of
Precedent
Overview, Binding and Persuasive
predent
PRECEDENT a definition
Binds itself
And lower courts
Binds itself
And lower courts
Binds itself
And lower courts
Divisional courts
Binds itself
And lower courts
High Court
Doesnt bind
any court
Magistrates Court
County Court
Binds itself
And lower courts
Binds itself
And lower courts
Supreme Court
Doesnt bind
any court
Crown Court
Doesnt bind
any court
Magistrates Court
Stare Decisis
wheres 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.
Obiter
dicta may
include
my thought
processes
STARE DECISIS
No sub-headings in
judgments to help separate
ratio decidendi from obiter
dicta.
Other things
said judges in
future cases do
not have to
follow it.
OBITER DICTA
Precedent all
the decisions
made in the
past that other
judges now
follow
Stand by what
has been
decided do not
unsettle the
established.
RATIO DECIDENDI