Module 1 · Chapter 2

Doctrine of Precedent: Ratio Decidendi and Obiter Dicta

A court’s decision in one case binds the courts below it in the next. This chapter shows which courts bind which, what part of a judgment binds, and how to check a case still stands.

≈ 7 min read 8-question test

In this chapter

  • The ladder of courts, and which court must follow which
  • The part of a judgment that binds, and how to read a citation
  • How a case from a textbook turned out to be overruled, and how to check

2.1Precedent in one paragraph

Judges make law by deciding cases: once a court has decided a point, the courts below it must decide it the same way. Lawyers call this binding precedent. That is why a note cites cases: it tells Naomi which court said what, and whether the judge in this claim must follow it. A case can stop binding when a higher court says it was wrong, so you check each one first.

Key point

Before you cite a case, know three things. Which court decided it? What part of it binds? Has a higher court overruled it since?

Also in this chapter

  1. The ladder of courts
  2. What part of a judgment binds, and how to cite it
  3. The case a higher court had overruled
  4. Your job

Preview

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