Class 2 - Part 3: Where Does It Come From and How Does It Work?

The last lesson in this class was on procedures within the courts: appeals, and precedence.

Appeals
Depending on the outcome of a case, one of the parties may want to appeal the decision of the court. They do this by lodging the case with the court directly above the one they just came from. You can appeal a case on two grounds.

1) Error Of Facts --> if the facts of the case were inaccurately represented; if the judge made a mistake as to what happened

2) Error Of Law --> if the judge applied the wrong law, or applied the law incorrectly, or if he gave incorrect instructions to the jury.

Is the Supreme Court the last resort? Do you know of any other options citizens may have available to them if they lose their case in the Supreme Court?
Citizens can go to the European Court of Human Rights, or the European Court of Justice, but this is a long and costly process and is normally only done in exceptional circumstances.

Precedence
Precedent is the principle in law of using the past in order to assist in current interpretation and decision making. Precedent does not dictate how a new case should be decided, but it can be very important in establishing how courts have viewed a particular law or circumstance in a legal setting.
Generally, judges will follow decisions they have previously given themselves, or decisions of a higher court. Why do you think a judge would follow the decision of a higher court? What would happen if he didn't?


The students here engaged in a debate: is precedent good? Should we decide each case on its facts, or should we presume that like cases should be treated alike. Discuss the good and bad points of precedent.