Judicial Precedent

Question 1

Judicial Precedent

Answer 1

Decision of judges in cases is known as precedents. Precedent is an important source of law where past decisions of judges create law for future judges to follow.

Question 2

Stare decisis

Answer 2

Courts must follow decisions of the courts above.

Question 3

Binding Precedent

Answer 3

Has to be a hierarchical court structure. It is a decision in an earlier case and a higher court which must be followed in later cases.

Question 4

Persuasive Precedent

Answer 4

A decision which does not have to be followed by later cases, but which the judge may decide to follow. They can come from courts that don’t bind (e.g. Judicial Committee of the Privy Council)

Question 5

Practice Statement 1966

Answer 5

When Supreme Court replaced House of Lords, the Constitutional Reform Act 2005 gave HOL powers to the Supreme Court.

Question 6

Advantages of Judicial Precedent

Answer 6

Certainty - Allows law to be predictable, promotes alternative dispute resolution (ADR) in civil cases.

Precision - Exact details of the law are known by all parties.

Question 7

Disadvantages of Judicial Precedent

Answer 7

Rigidity - binding decisions can restrict decisions made in interests of individual justice.

Complexity - Judgements are very long and difficult to read, and it is not always easy to identify the ratio decidendi and obiter dicta.