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Judicial precedent and case law

 

In order to understand the effect of judicial precedent and case law as sources of law, it is necessary to anticipate the topic of the hierarchy of civil and criminal courts

Civil courts
The majority of minor civil cases are dealt with by the County Courts. More serious cases are heard in the first instance by one or other of the three divisions of the High Court. Appeals from both the County Court and the High Court are dealt with by the Court of Appeal – Civil Division, and subject to certain stringent conditions there may be a further appeal to the House of Lords, which is the final court of appeal.

Criminal courts
Minor offences are dealt with by magistrates’ courts, from which there may be an appeal to the Crown Court or High Court. More serious offences are dealt with at first instance, after a preliminary enquiry in the magistrates’ court, by the Crown Court, from which there may be an appeal to the Court of Appeal – Criminal Division. As with civil cases, but subject to even more stringent conditions, there may be a further appeal to the House of Lords.

See Also:
Law Reports

History of Precedent
Rules of Precedent: Civil Courts
Advantages and Disadvantages of Precedent

 

 

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