Applied Law - QCF (Edexcel)

Judicial Precedent

Development of the Court System

Supreme Court -> Court of Appeal -> High Court (Court of First Instance) -> Crown Court, County Court & Magistrates Court. The Supreme Court makes the decisions for all the courts, the High Court can make decisions for all the courts below it but not for the Supreme Court and the Crown Court, County Court and Magistrates court follow the decisions from other courts. Not every statement made by a judge in court can form a precedent ratio decidendi represents the legal reason that the decision is based on and obiter dicta is based on the judges opinion - this is not legally binding.

Law Reporting

Law reporting is a record of the judges decisions but these are only published when the decisions is based on the law, makes a change in the law or clarifies a law that already exists - this needs to be precise, accurate and detailed. In the case of Donahue v Stephenson (1932) the neighbourhood principle was introduced and this set a bar for future cases to now base their judgement on this.

Persuasive Precedents

Persuasive precedent doesn't set the precedent for future cases, this is when a judge decides to follow a past decision that wasn't legally binding and this may help them make their decision in their current or future cases. In the case of Wagon Mound (1961) the judge made the decision on Donahue v Stephenson.

Binding Precedents

A binding precedent is part of a judgement that other judges have to follow as part of the law and this introduces the ratio decidendi and allows higher up judges to bind future court decisions. In the case of Rv Brown the judge based their decisions off the law of consent that is already in place.

Stare Decisis

Stare decisis supports the fact that two cases should have the same outcome for the same reasons in case Donahue & Stephenson (1932) the neighbourhood principle can be used.

Ratio Decidendi

Ratio Decidendi and allows higher up judges to bind future court decisions and in the case of Rv Roberts the judge decided to change the law on marital rape.

Obiter Dicta

Obiter dicta is the judge's opinion about the judgement, in the case of Balfour v Balfour (1919) the judge made the decision that the couples contract was not legally binding.

Avoiding Judicial Precedents

Following previous decisions

If the facts of the case are similar to that of a previous case the judge the previous decision should be followed, in the case of Shaw v DPP (1962) followed by the case of Knuller v DPP (1973) both cases were similar in nature so the judge for the following case based his decision off of the previous case, and both were charged with conspiracy to corrupt public morals.

Distinguishing previous decisions

If the facts of the case are different in a previous case the judge does not have to follow the precedent based off of the previous decision, in the case of Balfour v Balfour (1919) followed by the case of Merritt v Merritt (1971) - the decision was based purely on the fact that in both cases the couples were separated.

Reversing previous decisions

This is when a superior court that is higher may reverse the decision of a lower court in the case of Rv Kingston (1994) the previous court charged the defendant with indecent assault on a youth but the court of appeal quashed this decision.

Overruling previous decisions

A precedent can be overruled if there's a change in law - an example of this is between the cases of Addie v Dumbreck (1929) followed by the case of Board v Herrington (1972) both cases support the fact that you don't owe a duty of care to trespassers.

Disapproving previous decisions

Court decides that previous precedent isn't relevant or not "good law", in the cases of Ann v London Borough of Merton (1978) & Murphy v Brentwood District Council (1990) both are based on economic damage.

1966 Practice Statement

The 1966 practice statement forms part of the judicial rules, issued by the House of Lords that now allows judges to use precedent and make their own decisions for other judges to use and follow.

(Sorry about how this turned out - it was a table, hope its okay!! : ))