Outline the main features of judicial precedent.

Judicial precedent begins with stare decisis meaning to stand by a decision, creating
consistency. The ratio decidendi is a binding precedent, and literally translates to the reason
for deciding. In R v Howe the ratio decidendi was that duress is not a defence for murder,
meaning it will be applied to all future cases of similar facts. In R v Brown the ratio decidendi
was that consent is not a defence for sado-masochistic acts.

The obiter dicta is the other thing said in a case and is a persuasive precedent, meaning
the judge can choose to apply it to the case. Once the obiter dicta is applied to a case
it becomes the ratio decidendi, the binding precedent. In R v Howe the obiter dicta was
that duress is not a defence for attempted murder, then applied to R v Gotts making it the
ratio decidendi of the case. Another case is R v Brown, the obiter dicta was that consent
is a defence for body enhancement such as tattooing and ritual circumcision, but not sado
masochistic acts. As this was applied to the case of R v Wilson it became the ratio decidendi
and should be applied to all future cases of similar facts.

The courts in England are bound by European law and at the top of the hierachy is the
Supreme court. This court is binding to all courts lower and to itself. The Court Of Appeal has
a persuasive precedent to the Supreme court and a binding precedent on inferior courts.

Law reports are reports on the ratio decidendi and obiter dicta of all cases, originally
they were jottings until they became structured and comprehensive. They are published
weekly and on a lexis database, usually written by lawyers who make judgements easier to
understand and interpret and are authorised by judges, law reports are necessary to keep
records of decisions so they can be followed or looked at when necessary. Other sources
of reports can be found in law libraries, the internet and through subscription.