Judicial Precedent

What Judicial Precedent covers

Judicial Precedent is examined in Component 1, The Nature of Law and the English Legal System. It covers the doctrine of precedent and stare decisis, ratio decidendi and obiter dicta, binding, persuasive and original precedent, the hierarchy of the courts, the Supreme Court and the Practice Statement 1966, the Court of Appeal and the exceptions in Young v Bristol Aeroplane, overruling, reversing and distinguishing, law reporting and judicial law making and advantages and disadvantages of precedent.

The 9 subtopics

Each one has its own page.

• The doctrine of precedent and stare decisisJudicial precedent, stare decisis and declaratory theory of judicial decision.Open →
• Ratio decidendi and obiter dictaRatio decidendi, obiter dicta and obiter view that was later overturned.Open →
• Binding, persuasive and original precedentBinding precedent, persuasive precedent and original precedent.Open →
• The hierarchy of the courtsPosition of a Divisional Court and position of the Crown Court.Open →
• The Supreme Court and the Practice Statement 1966London Street Tramways, the Practice Statement that freed the highest court from its own decisions, and how sparingly it has been used — Herrington, Miliangos, Shivpuri and R v G.Open →
• The Court of Appeal and the exceptions in Young v Bristol AeroplaneThe three narrow escapes from the Court of Appeal's own past decisions, the extra freedom of the Criminal Division, and Lord Denning's failed attempt to widen them in Broome v Cassell and Davis v Johnson.Open →
• Overruling, reversing and distinguishingDecision being reversed, essential difference between overruling and reversing and prospective overruling.Open →
• Law reporting and judicial law makingTwo other series of law reports, neutral citation and constitutional objection to judicial law making.Open →
• Advantages and disadvantages of precedentCertainty, consistency, precision and time saved, set against rigidity, volume, illogical distinctions, slowness and retrospective effect — and how the doctrine compares with legislation as a way of changing the law.Open →

What you need to know

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Questions from this topic

Each one with the model answer underneath.

1. 1

   Define judicial precedent.

   Model answer

   Judicial precedent is the source of law under which a past decision binds a court deciding a later similar case. The reasoning in the earlier case supplies the rule to be applied.

2. 2

   What does stare decisis mean?

   Model answer

   Stare decisis means to stand by decided matters. The phrase captures the duty of a court to follow the settled rulings of the courts above it.

3. 3

   Why is like treated as like under precedent?

   Model answer

   Consistent treatment of similar cases makes the law predictable. A litigant can then be advised on the likely outcome before going to court.

4. 4

   Name the three things the doctrine of precedent depends on.

   Model answer

   Precedent depends on a settled hierarchy of courts and on accurate published law reports. Precedent also depends on the ability to separate the binding reasoning from remarks made in passing.

5. 5

   When is a court bound by an earlier decision?

   Model answer

   A court is bound when the earlier decision came from a court higher in the hierarchy. The material facts must also be sufficiently similar. The binding element is the legal reasoning essential to that earlier decision.

6. 6

   What is the difference between stare decisis and res judicata?

   Model answer

   Stare decisis binds later courts to a legal principle laid down in an earlier case. Res judicata simply prevents the same parties from relitigating a dispute already decided between them.

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Judicial Precedent revision questions

What does Judicial Precedent cover in Eduqas A-Level Law?

9 subtopics: the doctrine of precedent and stare decisis, ratio decidendi and obiter dicta, binding, persuasive and original precedent, the hierarchy of the courts, the supreme court and the practice statement 1966, the court of appeal and the exceptions in young v bristol aeroplane, overruling, reversing and distinguishing, law reporting and judicial law making and advantages and disadvantages of precedent. Each one has its own page with questions and model answers.

How is Judicial Precedent organised?

By the Eduqas A150QS specification, subtopic by subtopic, so it matches the order you are taught it in.