1. Sources of law
Judicial Precedent

2. What you need to know Stare decisis – stand by what has been decided
Ratio decidendi - the rule of law on which a decision is based - e.g. Cunningham
Obiter dicta- things said by the way – aeroplane scenario in Moloney
Persuasive precedent - does not have to be followed e.g. decisions of lower or foreign courts (Thabo Meli)
Binding precedent - has to be followed
Original precedent - law made as there was no precedent or statute to follow (Bland)
Distinguishing two cases as not quite the same so the first one does not have to be followed (Balfour v Balfour, Merritt v Merritt)
Overruling - a previous decision is ruled wrong so can no longer be used as precedent
Reversing - the result of a case changes as it goes through the appeals process.

3. The Hierarchy of the Courts
Courts are usually bound by the courts
above them and those on the same level.
European Court of Justice
House of Lords
Court of Appeal
Divisional High Courts
Inferior Courts

4. House of Lords The Practice Statement
London Street Tramways
Lord Gardiner
Limitations
When has it been used?
Herrington (1972)
Jones v Secretary of State for Social Services (1972)
Miliangos v George Frank (1976)
Pepper v Hart (1993)

5. House of Lords The Practice Statement
Criminal cases
Shivpuri (1986) overruling Anderton v Ryan (1985)
R v R (1991)
R v R & G (2003) overruling Caldwell
Lord Denning’s unsuccessful campaign to allow the Court of Appeal to use the Practice Statement (Broome v Cassell, Miliangos v George Frank)

6. Court of Appeal Young v Bristol Aeroplane Co (1944)
Usually follow own previous decisions
3 exceptions – later House of Lords decision, 2 conflicting decisions, per incuriam (Williams v Fawcett)
Extra exception for criminal cases – “in the interests of justice” - Taylor or Gould

7. How has precedent been used to develop the law?
Law reporting
Law of Contract (Carlill v The Carbolic Smoke Ball Co)
Law of Tort – negligence (Donoghue v Stevenson), nuisance, trespass
Criminal law – murder, involuntary manslaughter, many defences

8. Advantages and disadvantages of Binding Precedent
Certainty
Consistency and fairness
Precision
Flexibility
Timesaving
Disadvantages
Rigidity
Complexity
Illogical distinguishing
Slowness of growth

9. Possible reform Codes of law – but they have their own problems
Less rigid precedent
Prospective overruling

10. Common mistakes Not answering the questions
Confusing the hierarchy of the courts
Not using the source
Not looking at dates or which court is in application questions
Vagueness
Not using cases
Not knowing the material

11. How to avoid these mistakes
Read the questions
Answer the questions asked
Use the source
Use other cases or information
Balance your evaluation - make sure you put both sides of an argument
Revise thoroughly