Hashim Hussain
P3: Describe how legal rules are created by
precedent
The term Precedent refers to Judicial Precedent so it is basically case
law, so decisions made in previous cases which the judges will use,
so for example if the current case that the judge is dealing with is
similar to a previous case then they look at that cases decision to
direct their own decision on the case.
There are diferent words and phrases that make up the judicial
precedent and I am going to list them and describe what they all
mean.
So frstly, it is Laaw Reporting, now law reporting is fairly easy to
understand as all it is, is that it is basically all the decisions and
judicial opinions from diferent cases that diferent judges have
previously dealt and those decisions are considered d law and are
used in. all cases in the courts.
Now these law reports can be used to looked at by other judges who
have a similar cases to the one they have at that moment in time so
they can see what that judges decisions and opinion on the case
even though it is basic law.
Furthermore, there is binding authorities which basically means that
the decision that higher courts make lower courts are bound by
them and have to follow them. So, for example if the supreme court
for instance made a decision on a case/trial all the other courts will
have to follow it as the supreme court is the highest court in the UK
it’s the same with the crown court if the crown court made an
decision on a case or trial the magistrates and any other court under
it would have to follow it and so on.
This clearly shows that the higher the authority which in this case is
the courts the more power and infuence they have on all other
courts lower then them.
On the other hand, there is also persuasive authorities which means
that it is classed as precedent but unlike binding authorities it is not
legally binding so what this means is that if a decision is made other
courts can use that decisions made as an guidance tool of sorts in
their case but they do not need to follow the same decision as
legally they do not have to no matter if the decision was from a
higher court as it is not a binding authority.
Along with these there is what is called Ratio Decidendi and this
basically means the reason behind the decision a judge has made.
So once the judge has looked at the facts of a case and also the
evidence of a case he or she then comes to a decision for which they
P3: Describe how legal rules are created by
precedent
The term Precedent refers to Judicial Precedent so it is basically case
law, so decisions made in previous cases which the judges will use,
so for example if the current case that the judge is dealing with is
similar to a previous case then they look at that cases decision to
direct their own decision on the case.
There are diferent words and phrases that make up the judicial
precedent and I am going to list them and describe what they all
mean.
So frstly, it is Laaw Reporting, now law reporting is fairly easy to
understand as all it is, is that it is basically all the decisions and
judicial opinions from diferent cases that diferent judges have
previously dealt and those decisions are considered d law and are
used in. all cases in the courts.
Now these law reports can be used to looked at by other judges who
have a similar cases to the one they have at that moment in time so
they can see what that judges decisions and opinion on the case
even though it is basic law.
Furthermore, there is binding authorities which basically means that
the decision that higher courts make lower courts are bound by
them and have to follow them. So, for example if the supreme court
for instance made a decision on a case/trial all the other courts will
have to follow it as the supreme court is the highest court in the UK
it’s the same with the crown court if the crown court made an
decision on a case or trial the magistrates and any other court under
it would have to follow it and so on.
This clearly shows that the higher the authority which in this case is
the courts the more power and infuence they have on all other
courts lower then them.
On the other hand, there is also persuasive authorities which means
that it is classed as precedent but unlike binding authorities it is not
legally binding so what this means is that if a decision is made other
courts can use that decisions made as an guidance tool of sorts in
their case but they do not need to follow the same decision as
legally they do not have to no matter if the decision was from a
higher court as it is not a binding authority.
Along with these there is what is called Ratio Decidendi and this
basically means the reason behind the decision a judge has made.
So once the judge has looked at the facts of a case and also the
evidence of a case he or she then comes to a decision for which they
