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Judicial Precedent Where the facts of a case are similar to a one which has already been decided, the judge must follow that previous decision, especially if the decision was reached by a higher court in the hierarchy. This is the basis of judicial precedent and is called stare decisis-'let the decision stand.' After hearing a case, a judge presents his written judgement (case law) which sets out the facts of the case and legal principles used. The legal principles are set out in the ratio decendi-'reasons for deciding.' The ratio decendi also forms the basis of binding precedent. Obiter dicta is another part of the judgment and means 'things said by the way.' This forms the basis of persuasive precedent. For the system of precedent to work there must be strict rules for a judge to follow. There is a system of hierarchy where higher courts bind lower courts. The European Court of...

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