1. Foundation Law 2013/14
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Seminar 2
Introduction to the English legal system-The Common Law
Reading List:
 Jacqueline Martin, “GCSE Law”, 5th
edition, chapters 2 & 15
 Glanville Williams: Learning the Law, 15th
edition, pages 21-25 (“Common Law and
Equity”)
Seminar Questions:
1. What is a judgement? Outline the key components of a judgment.
2. What does the term “ratio decendi” mean?
3. Outline the three types of precedent and how they each operate.
4. Outline the methods by which judges may refuse to follow a binding precedent.
5. Which courts can create precedent?
Turn Over
Learning Outcomes:
 Explain the system of law that operates in the United Kingdom and the fundamental difference
between the civil law and common law systems;
 Outline and explain the sources of the English law;
 Show knowledge and understanding of the history of the common law;
 Understand the difference between the common law and statue; and
 Explain the doctrine of judicial precedent.

2. Foundation Law 2013/14
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Appendix 1
Hierarchy of the courts in England & Wales1
.
1
Taken from J.Martins, “GCSE Law”, 5th
edition, page 111
EUROPEAN COURT OF JUSTICE
SUPREME COURT (formerly House of Lords)
COURT OF APPEAL
QUEEN’S BENCH DIVISIONAL COURT
HIGH COURT
CROWN COURT/COUNTY COURT/MAGISTRATES’ COURTS

3. Foundation Law 2013/14
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Appendix 2
The table below sets out which courts create precedent and the precedent of the courts by
which it is bound2
Court Courts bound by it Courts it must follow
European Court of Justice All Courts None
Supreme Court All courts in England &
Wales
European Court
Court of Appeal Divisional Courts
High Court
Crown Court
County Court
Magistrates’ Court
European Court
Supreme Court
Divisional Courts High Court
Crown Court
County Court
Magistrates’ Court
European Court
Supreme Court
Court of Appeal
High Court Crown Court
County Court
Magistrate’s Court
European Court
Supreme Court
Court of Appeal
Divisional Courts
Crown Court
County Court
Magistrates’ Court
None European Court
Supreme Court
Court of Appeal
Divisional Courts
High Court
2
Table taken from J.Martins, “GCSE Law”, 5th
edition, page 114, Figure 15.3-The courts and precedent