1. Overview, Binding and Persuasive predent
Doctrine (rules) of
Precedent
Overview, Binding and Persuasive predent

2. PRECEDENT – a definition
Precedent is a major source of law –
…precedent is all the decisions I have made in the past that other judges now follow.
Precedent is also known as CASE LAW

3. PRECEDENT – and Stare Decisis
It means – let the previous decision stand.
It’s important because -
Points of law decided in previous similar cases must be followed.
Earlier decisions influence later cases that are similar.
Higher courts assume priority over lower courts.
Higher courts therefore BIND lower courts.
The system is predictable, fair and consistent.
Binding precedent is the most important part of Stare decisis - it provides consistency in law

4. A Level Law - Hierarchy of courts Civil Courts
European Court of Justice
Binds all
Courts but only
On European law
Only court that can
Overrule it’s own
decisions
Supreme Court
Binds itself
And lower courts
Court of Appeal Civil Division
Binds itself
And lower courts
Divisional courts
Binds itself
And lower courts
Notes:
High Court
Binds itself
And lower courts
County Court
Magistrates Court
Doesn’t bind
any court

5. A Level Law - Hierarchy of courts Criminal Courts
Only court that can
Overrule it’s own
decisions
Supreme Court
Binds itself
And lower courts
Court of Appeal Criminal Division
Binds itself
And lower courts
Queens Bench Divisional court
Binds itself
And lower courts
Crown Court
Doesn’t bind
any court
Notes:
Magistrates Court
Doesn’t bind
any court

6. Stare Decisis – where’s 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.
Law reports:
Case notes for sixth form students:

7. PRECEDENT and the ratio decidendi
It means the reason for deciding
If the obiter dicta explains how I got to my decision . . .
the ratio decidendi
is the heart of the actual
decision itself
The ratio decidendi is what later judges must follow - the essence of Stare decisis
The ratio decidendi is the KEY to the decision that has been made.
The ratio decidendi BINDS later judges hearing similar cases.
This especially the case in lower courts and the same court.

8. PRECEDENT and Obiter Dicta
It means other things said.
As I make my judgement, I may give supporting arguments and points that explain how I arrived at my decision in order to make my judgement clearer.
how the decision might affect future situations
my thought processes
Obiter dicta may include…
why I arrived at this decision, and not another…

9. PRECEDENT – THE KEY TERMS
PROBLEMS
Cases often end with more than one speech. Upto 9 in the Supreme Court.
No sub-headings in judgments to help separate ratio decidendi from obiter dicta.
Stand by what has been decided – do not unsettle the established.
STARE DECISIS
The reason for the decision. Judges in the same or lower courts must follow where facts are similar.
‘Other things said’ – judges in future cases do not have to follow it.
Precedent – all the decisions made in the past that other judges now follow
OBITER DICTA
RATIO DECIDENDI