Courts Flashcards
1
Q
What is ratio decidendi
A
Reason for a decision
2
Q
What is stare decisis
A
To stand by the decision
3
Q
What are the 4 ways a judge can choose not to follow a previous decision of a higher court, in the same court hierarchy
A
R-everse
O-verrule
D-istinguish
D-isaprove
4
Q
What is a persuasive precedent
A
A persuasive precedent, is precedent that a judge does not have to follow as it is not of the same court hierarchy as theirs.
5
Q
What is a binding precedent
A
A binding precedent is precedent that a judge has to follow, as it is precedent of the same court hierarchy.
6
Q
What is obiter dicta?
A
Extra comments made by a judge, that don’t relate to the current decision she’s making, but may be persuasive for later cases.
