![]() Lord Denning, first of the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. This may happen several times as the case works its way through successive appeals. If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases some jurisdictions allow for a judge to recommend that an appeal be carried out. ![]() ![]() If a judge acts against precedent, and the case is not appealed, the decision will stand.Ī lower court may not rule against a binding precedent, even if it feels that it is unjust it may only express the hope that a higher court or the legislature will reform the rule in question. Normally, the burden rests with litigants to appeal rulings (including those in clear violation of established case law) to the higher courts. Generally speaking, higher courts do not have direct oversight over the lower courts of record, in that they cannot reach out on their initiative ( sua sponte) at any time to overrule judgments of the lower courts. A notable example of when the court has overturned its precedent is the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it and the other courts of England and Wales had misapplied the law for nearly 30 years. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions, however, since 1966 the Supreme Court of the United Kingdom can deviate from its earlier decisions, although in practice it rarely does. According to stare decisis, all lower courts should make decisions consistent with the previous decisions of higher courts. Unlike most civil law systems, common law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. ![]() In common law countries (including the United Kingdom, United States, Canada, Hong Kong, Singapore, Australia and New Zealand), it is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. In some jurisdictions, case law can be applied to ongoing adjudication for example, criminal proceedings or family law. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. Stare decisis-a Latin phrase meaning "let the decision stand"-is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These past decisions are called "case law", or precedent. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
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