Common law in the UK

 The legal system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in the courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts. 

 Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They'll also consider decisions made in a lower court, although they're not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it's to the point - relevant or pertinent. 

 During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule at law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn't actually set the precedent. The precedent is the rule of law which the first instance judge relied on in determining the case's outcome. 

 Judges in a case may make other statements of law. Whilst not constituting binding precedents, these may be considered in subsequent cases and may be cited as persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made by that court. 

 substantive law = the rights and obligations that govern people and organizations 

procedural law = the legal rules by which substantive law is created, applied and enforced 

judicial decision = the formal judgement that a judge makes in a certain matter 

override = to decide against or refuse to accept a previous decision 

bind on = to cause a legal obligation 

bound to follow = have to do 

the course of a trial = the formal process where the court make decisions 

applied = put to practical use 

to the point = relevant to the subject that you are discussing 

pertinent = applicable to a particular matter 

counsel = a legal adviser 

cite a case = to report all the information needed for a particular case 

the rule at law reasoned and established = the norm of the law is justified 

set the precedent = to decide something that will be used as an example or rule to be followed in the future 

persuasive authority = a decision by a court of the same rank