Why is court hierarchy important in the system of precedent?
It determines which courts’ decisions are binding on others and the appeal routes available. The hierarchy ensures consistency in how precedent operates.
What are the main types of courts in the hierarchy?
Some are trial-only (e.g. Magistrates’ Court), some are appellate-only (e.g. Court of Appeal), and others are both trial and appellate (e.g. High Court).
What is the usual criminal appeal route from the Magistrates’ Court?
Cases typically go from the Magistrates’ Court → Crown Court → Court of Appeal, not directly through the High Court.
Name key judicial roles in the UK court system.
Lord Chief Justice; Master of the Rolls; Presidents of the KBD and Family Division; Chancellor of the High Court; Supreme Court Justices; Lords/Ladies Justices of Appeal; High Court Judges; Circuit Judges; Recorders; District Judges; Lay Magistrates.
What are the main principles of judicial independence?
Judges are appointed, not elected, and must be impartial, free from political pressure or corruption, and have security of tenure under the Act of Settlement 1701 and the Constitutional Reform Act 2005.
Why does judicial diversity matter if judges are impartial?
Diversity doesn’t change the legal system itself but challenges the concentration of power and helps the judiciary better reflect the society it serves.
What is case law?
Law developed by judges through real disputes in court. Cases interpret, apply, and sometimes extend legal principles, forming a consistent body of precedent.
What are the main features of a legal case?
A dispute about facts or law, evidence of how law is applied (not just written), and a mechanism to ensure consistent application of legal rules.
How are civil and criminal cases named?
Civil: Claimant v Defendant (on appeal: Appellant v Respondent).
Criminal: R (Rex/Regina) v Defendant (“The Crown against [name]”).
How does case law relate to precedent?
The doctrine of judicial precedent depends on case law; it means the legal rule (ratio) established in one case must be followed by lower courts in similar future cases.
Who binds who in the UK court hierarchy?
Supreme Court: binds all lower courts; can depart from itself.
Court of Appeal: bound by SC; usually binds itself except in three situations (conflict, inconsistency, per incuriam).
High Court: bound by higher courts; usually binds itself and lower courts.
Lower courts: bound by higher courts; persuasive but not binding on themselves.
What is the ratio decidendi?
The legal reasoning necessary for the court’s decision. It is the binding part of a case and must be followed in later similar cases.
What is obiter dicta?
Judicial remarks made “in passing” that are not essential to the decision. They are persuasive but not binding (e.g. hypotheticals, minority judgments).
How can precedent change?
A higher court may overrule a lower court’s decision.
A higher court may reverse a lower court’s decision on appeal.
A court may distinguish a case on factual grounds.
Parliament may legislate to amend or abolish a precedent.
What should a good case note include?
Case name and citation, court level and judges, key facts, ratio decidendi, obiter points, statutes/cases cited, and the outcome or remedy.
