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Unit 23 P6
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Essay of 3 pages for the course Unit 23 - Aspects of the Legal System and Law-making Process at PEARSON (Unit 23 P6)
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IntroductionIn this task I am going to describe how precedents are applied in courts.
Judicial precedent
A judicial precedent is a decision of the court used as a source for future decision making. It
is a judgment of a court of law mentioned as an authority for deciding a similar set of facts. It
is also known as stare decisis which means to stand upon decisions and by which precedents
are binding and must be followed.
Law reporting
Law reports are books that contain judicial opinions from a selection of case law decided by
courts. It is essential for judges to research previous cases that have already been decided
before creating a precedent that binds them. This is why it is highly important that all cases
are well documented.
Binding precedent
Binding precedent refers to a case or legal decision that must be followed in similar cases.
The ratio decidendi made by a judge high enough in the hierarchy will bind future decisions
of other judges. Other judges must follow the decisions made by previous judges.
Persuasive precedent
Although the judge is not bound to follow the previous decision because it is only persuasive
and not binding, he or she may be influenced by it and 'persuaded' that the legal principles
referred to should be followed.
It is important to appreciate that persuasive precedent comes from a number of different
sources:
1
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