Case Law and the Doctrine of Precedent

In this essay I will be discussing several points of interest that will help me answer the given question. My first point is on the Hierarchy of the courts. In this point I will explain the different 'levels' there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the development of the English law? The hierarchy of the courts
The English system is made up of a hierarchy of courts. Hierarchal means that the courts which are high in the system hear appeals from the ones below them. The decisions made in the higher courts are of great importance. The bottom courts are known as foot soldiers and are at the bottom of the system. Some courts in this rank are the Magistrates court, the Youth court, the Coroners court and the County court. These courts hear cases daily and are which the average person will find themselves in for debt, injuries, car accidents and low level criminal offences. They are of a good amount of importance because they make decisions for justice daily. These courts however have little impact on the development of law except as a source for cases which may then be heard or appealed to higher courts. Since these courts are the lowest they do not bind any other court except themselves. There are two courts on the higher level. The High court which deals with cases pertaining to civil matter of unlimited value and the Crown court which deals with serious criminal offences. The High court has four sections: the Chancery division which deals with matters pertaining to equity, the Family division which deals with family matters, the Queen's Bench division which deals with civil matters and the