Common Law Glossary of Terms

Introduction

This glossary provides definitions of key terms used in the English common law system, focusing on the doctrine of precedent and related concepts. Understanding these terms is essential for studying the development of the common law and the operation of the court system.

Key Terms

Stare decisis — the doctrine of precedent, requiring courts to follow the decisions of higher courts and generally to follow their own previous decisions.

Ratio decidendi — the legal principle forming the basis of a judicial decision, which is binding on lower courts.

Obiter dictum — a statement made by a judge that is not part of the ratio decidendi and is not binding, though it may be persuasive.

Precedent — a previous judicial decision that is followed in subsequent cases involving similar facts or legal principles.