Courts Doctrine of precedent Flashcards
1
Q
What are these and definition
A
stare decisis, standing by what has been decided
2
Q
pre……
A
precedent, a principle of law created by the courts, the first of its kind
3
Q
ra… de
A
ratio decidendi is the legal reasoning for a decision which is treated as binding on similar decisions in the future.
4
Q
ob…. di….
A
a statement made by a judge as “by the way” don’t form the binding part of a decision but can be a persuasive precedent in the future.
5
Q
bi….. pre……
A
binding precedent is a previous decision from a superior court in the same court hierarchy which a judge is obliged to follow
6
Q
per……. pre……
A
a previous decision which a judge is not obliged to follow but may hold some importance in assisting a judge in determining a case.
