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 How does someone become a judge? What qualifications are necessary? Do some online search on any of the justices of the High Court and find out about that person’s career before joining the High Court. A brief outline of the background of each of the current justices can be found at ices/about-the-justices. ices/about-the-justices  Why would experience as a barrister be of greater value in becoming a judge than experience as a solicitor?

Judges don’t make law all the time, they can only make law when;  A case comes before the court and there is no legislation (parliament made law)  There is no precedent in that area  The judge is required to interpret the words or meaning of a statute law 3

 They analyse previous judgements to determine if there is any binding precedent  Find the ratio decidendi (reason for the decision)  Identify and apply a persuasive precedent that may be used if no binding precedent  Develop a new precedent if required 4

 It may seem that judges have little flexibility to make up their own minds and make their own laws BUT  Judges do have some flexibility which enables them to change common law to ensure it remains relevant and that the law reflects modern views 5

There are 4 techniques available to judges if they are confronted by a precedent that they feel is;  inappropriate  Does not fit the circumstances of the present case  Remember R.O.D.D 6

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 When a case has gone to a higher court on appeal the judge can change the decision made by the lower court in the same case  Therefore the judge can reverse the precedent set by the last judge and the new decision set by the higher court becomes the precedent 8

 When a superior court decides not to follow an earlier decision of a lower court, it overrules the previous precedent  A case in a higher court is not bound by the decisions/ precedents of lower courts  The decision in the higher court will overrule the precedent established by the lower court  E. g Supreme Court overrules a County Court decision  A new precedent is therefore created 9

 A judge can disapprove an earlier decision and reach a different decision, creating a second precedent for the same set of facts  This can occur in courts at the same level of the hierarchy  If there are a number of binding precedents, lower courts have to decide which is the most appropriate 10

 A judge can identify differences between the present case and therefore create a different precedent  This allows the judge to not to have to follow an existing precedent 11

When a judge Reverses, Overrules Disapproves Distinguishes A new precedent is formed 12

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ADVANTAGEDISADVANTAGE  When disputes are being resolved parties to a dispute can feel confident that their case will be treated like ones in the past  Outcomes of similar cases are not always the same  The process of R.O.D.D may result in a very different decision as one in the past 14

ADVANTAGEDISADVANTAGE  Parties to a dispute may feel that they can predict the outcome of their case based on a decision of a previous similar case  An outcome is difficult to predict because there is more than one precedent that may apply to the case 15

ADVANTAGESDISADVANTAGES  Precedent can be changed by a superior court when it distinguishes cases of similar facts  Judges are conservative and often prefer to follow earlier decisions made by past judges rather than make a new precedent  This makes the law inflexible, out dated 16

ADVANTAGEDISADVANTAGE  Areas of law can develop and grow over time as judges can elaborate and expand precedents  Growth through the law is expensive, slow.  Cases have to come to court before any development of the law can occur.  Parties to a dispute have to take the risk of taking a case to court 17

ADVANTAGEDISADVANTAGE  Provides guidance in principles for judges to follow  Judges are impartial and can make decisions without fear of political interference  There needs to be a dispute and parties prepared to go to court  This is inefficient  It can also be lengthy and expensive  Legislation through parliament can be quicker and cheaper 18

 Questions 1 – 5 Page 152  Extend and Apply your knowledge Pages 153 – 155 Questions

Extend and apply your knowledge PP. 153 – 155 Answer questions 1 – 6 LQ 20