Applied
Share
The term "applied" in a legal context refers to the use of a previously established legal principle or precedent by a court when making a decision in a new case. A precedent is created when a higher or senior court rules on a contested legal issue, and the reasoning behind this ruling, referred to as the ratio decidendi, forms the legal principle that must be followed by lower courts in subsequent cases with similar facts. When a court states that it has applied an earlier case, it means that the court has regarded itself as bound by the legal principles established in that previous decision and has used those principles to resolve the current case.
In the UK, the doctrine of binding precedent underpins this practice, ensuring that lower courts must follow the decisions made by higher courts. This creates consistency and predictability in the legal system, as legal principles build upon each other, contributing to the body of common law. For instance, if the UK Supreme Court issues a ruling in a property dispute, lower courts, when faced with a similar dispute, are required to apply the Supreme Court's decision in their own ruling. This ensures that courts do not make arbitrary or contradictory rulings, thereby maintaining legal coherence.
When a UK court states that it has applied a prior case, it signifies that the court has taken the legal principles or reasoning from that earlier case and used them as the basis for its own judgment. For example, if a court encounters a case involving a similar legal issue that was previously decided by the UK Supreme Court, the lower court would apply the Supreme Court's reasoning and decision to resolve the current case. This process is fundamental to the operation of stare decisis, the principle that ensures judicial decisions adhere to precedent, contributing to a stable and orderly legal system.
In the UK, the doctrine of binding precedent underpins this practice, ensuring that lower courts must follow the decisions made by higher courts. This creates consistency and predictability in the legal system, as legal principles build upon each other, contributing to the body of common law. For instance, if the UK Supreme Court issues a ruling in a property dispute, lower courts, when faced with a similar dispute, are required to apply the Supreme Court's decision in their own ruling. This ensures that courts do not make arbitrary or contradictory rulings, thereby maintaining legal coherence.
When a UK court states that it has applied a prior case, it signifies that the court has taken the legal principles or reasoning from that earlier case and used them as the basis for its own judgment. For example, if a court encounters a case involving a similar legal issue that was previously decided by the UK Supreme Court, the lower court would apply the Supreme Court's reasoning and decision to resolve the current case. This process is fundamental to the operation of stare decisis, the principle that ensures judicial decisions adhere to precedent, contributing to a stable and orderly legal system.