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Sources of Law - Judicial precedent Definition: Where past decisions of judges are followed in future cases when the acts of the case similar. Once a judge has laid down a legal principle, this same legal principle must be used in future legal cases similar facts. Also known as case law or common law. Judicial precedent is based on: * The judges' judgement * Hierarchy of courts * A good system of law reporting Judges' Judgement Divided into three parts: - * Res judicata - the outcome of the case e.g. judge finds for X * Ratio decidendi - the legal principle used to reach the decision. Forms the binding part of the judgment i.e. the part that has to be followed. * Obiter dicta - things said by the way Can be of two types: - i) Widens the principle laid down in the ratio. Donoghue and Stevenson ii) Discusses alternative situations Hedley Byrne v Heller The obiter dicta forms a persuasive precedent -...

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