1. Understanding Law making
Unit 2
Understanding Law making

2. Who makes the Law

3. 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

4. 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

5. Doctrine of Judicial Precedent

6. 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

7. 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

8. 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
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

9. 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