The Legal System of England and Wales II: Development of Case Law
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The Legal System of England and Wales II: Development of Case Law
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Summary
A comprehensive overview of the UK common law system, focusing primarily on the Doctrine of Precedent, also known as stare decisis. It explains that common law relies on judicial decisions and case law, distinguishing it from code-based civil law systems. A key element discussed is the binding nature of precedent, detailing the concepts of vertical binding effect (higher courts bind lower courts) and horizontal binding effect (courts binding themselves). The text clarifies that only the ratio decidendi, or the legal reasoning essential to the judgment, is binding, while obiter dictum remains persuasive. Finally, the source addresses how judges can manage or avoid precedents through techniques like distinguishing cases based on differing facts, overruling a prior incorrect principle, or reversing a lower court's decision on appeal.