Understanding Law making Unit 2 Understanding Law making
Who makes the Law
Learning Outcomes You will be able to: Define the meaning of the term Judicial Precedent Describe the higher and lower Court Complete a diagram of the Court structure – civil and criminal State the difference between ratio Decidendi and obiter dicta Explain the difference between binding and persuasive precedent Describe the use of law reports
The Doctrine of Judicial Precedent When making a decision about a case. Judges have to ‘stand by what has been decided’ In Latin this is: STARE DECISIS What this doctrine means is decisions made by judges in the higher courts set a precedent that has to be followed by the court making the decision and all the courts below it in future cases of similar fact
Doctrine of Judicial Precedent
Doctrine of Judicial Precedent Three things are needed for this doctrine to work. Remember Courts are making decisions about cases all over the UK – EVERYDAY! 1. A settle Court structure 2. A ratio decidendi 3. An accurate record of the decisions made by the higher Courts
Doctrine of Judicial Precedent Workshop Activities In the allocated groups, you have to complete 4 tasks Read the instructions and handout resources Court Structure (Criminal and Civil) - Table 1 Ratio Decidendi & Obiter Dicta – Table 2 Binding and Persuasive Precedent & Method of avoiding Judicial precedent – Table 3 Using Law Reports – Table 4
Doctrine of Judicial Precedent Court Structure Court structure is needed so that judges know what decisions they have to follow. The hierarchy of the UK Court Structure was established by the Judicature Act 1873 -1875 House of Lords was made the final appeal court in 1876 In 2009 the Supreme Court replaced the House of Lords as the final appeal court Remember impact of European Court of Justice and Privy Council
Learning Outcomes: You will be able to: Define the meaning of the term Judicial Precedent Describe the higher and lower Court Complete a diagram of the Court structure – civil and criminal State the difference between ratio Decidendi and obiter dicta Explain the difference between binding and persuasive precedent Describe the use of law reports