1A.4.3 Types of precedent

Question 1

What is binding precedent?

Answer 1

Binding precedent is the ratio decidendi, and it must be followed in similar cases by all bound courts

Question 2

What is persuasive precedent?

Answer 2

This may be followed if judges choose to

Question 3

What are 2 examples of where persuasive precedent can come from?

Answer 3

Decisions of the lower courts, and decisions of other countries

Question 4

What is an example of persuasive precedent coming from another country?

Answer 4

In R v R (1991), courts followed the decision of a Scottish court, finding a man guilty of raping his wife