Case law and precedent

Whatever is available is already uploaded

And whatever is uploaded is sufficient for you to gain a comfortable pass

Watch the lectures

Read the notes

And start practicing NOW the mcqs and mtqs from a revision kit

But don’t get upset or frustrated because you aren’t scoring more than 20%

On the second pass through those same questions, you’ll be up to 40%

On the third pass, you’re hitting 60%

And then it’s just a matter of how high you want to go

Don’t write your attempted answers in the revision kit itself – write them on a separate piece of paper

In that way you can have multiple goes at those same questions without being influenced by your previous efforts

As for your specific questions, I’m pretty sure that I cover these points in the recordings even though they may possibly not be covered in detail in the notes

1) English law is heavily built on precedent established in earlier similar cases. The concept goes back to 1258 as amended in 1285 – where a case is in dispute and there is a previous similar case with similar facts, the subsequent decision must be in line with the earlier precedent

2) Decisions in cases are arrived at by judges so that explains the expression “judicial”. Here’s one definition (from many) lifted from the internet:

“Judicial precedent is a legal case law establishing a principle or rule that a court or other judicial body may apply while deciding subsequent cases involving similar issues or facts”

3) Obiter dicta is not binding, but it IS persuasive, as also are decisions from overseas courts like Australia or New Zealand. They’re not binding on English judges in English courts, but they are persuasive

4) Avoidance of binding precedent – page 7 of the course notes

5) difficult to get excited about the chances of this coming up as a question in the law exam

OK?