features of the doctrine of precedent Flashcards
Statutory Interpretation
Judges make law by interpreting statutes to clarify the meaning of ambiguous terms.
Establishing Precedents
- Judges also make law by setting precedents when resolving cases without existing applicable law.
This can occur:
- When a case involves a completely new issue not previously addressed by the courts.
- When expanding on an existing legal principle to apply it to a new situation.
Introduction to the doctrine of precedent
- Courts or judges make law by establishing precedents.
- A precedent is the reasoning behind a court’s decision, which establishes a legal principle or rule.
- This principle or rule provides guidance for deciding future cases with similar material facts.
- Judges in lower courts must follow precedents set by superior courts within the same hierarchy.
- The doctrine of precedent relies on the court hierarchy, where only superior courts can set precedents.
- Superior courts in Victoria include:
- Supreme Court (Trial Division)
- Supreme Court (Court of Appeal)
- High Court
- The High Court is the highest-ranked court in Australia.
- Decisions made by the High Court are binding on all courts in states and territories.
define material facts
the key facts or details in a legal case that were critical to the court’s decision
Reasons for precedent
- The application of precedents to current cases helps ensure common law (or law made by the courts)
is consistent and predictable. - It is one of the ways in which the rule of law is upheld, providing some certainty in the way that laws are applied
Having lower courts follow the legal principles established by higher courts in the same hierarchy, in cases where the material facts are similar, ensures that
- like cases are decided in a like manner. This enables the parties in a dispute to look back to previous cases to gain some idea of how a court might determine their case
- legal representatives are able to give advice on the likely outcome of a case, as they will have some understanding as to how the court may decide the case
- judges have some guidance, as they can refer back to previous cases and decide accordingly
- decisions made by more experienced judges in higher courts are followed in lower courts
- the same point is not being decided over and over again, which would be a waste of resources.
Key features of the doctrine of precedent
- binding precedents
- persuasive precedents
- ways to develop and avoid precedents such as the reversing, overruling, distinguishing, and
disapproving of precedent.
Binding precedents
- A binding precedent is established by superior courts and must be followed by lower courts in the same hierarchy for similar material facts.
- Judges or magistrates are obliged to follow binding precedents, even if they disagree with the legal reasoning of the superior court.
- For a precedent to be binding, it must come from a superior court within the same court hierarchy.
define binding precedent
the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction (i.e. court hierarchy) in cases where the material facts are similar
define court judgment
a statement by the judge that outlines the decision of the court and the legal reasoning behind the decision
define ratio decidendi
a Latin term meaning ‘the reason’; the legal reasoning behind a judge’s decision. Ratio decidendi forms the binding part of a precedent
define stare decisis
a Latin term meaning ‘let the decision stand’. The basic principle underlying the doctrine of precedent
For example, with reference to the Victorian court hierarchy, in cases where the facts are similar
- the Magistrates’ Court and County Court are bound to follow precedents set by the Supreme Court
of Victoria (Trial Division or Court of Appeal) or the High Court of Australia - the Supreme Court (Trial Division) is bound to follow precedents set by the Supreme Court of
Appeal or the High Court of Australia - as it is the highest court in Australia, the High Court is not bound by precedents set by any
Australian state or territory court.
Ratio decidendi
- The binding part of a court judgment is known as the ratio decidendi, which means ‘the reason for the decision’ in Latin.
- The court judgment includes the decision and the legal reasoning behind it.
- Ratio decidendi is the legal reasoning or principle established, not the decision itself or the sanction/remedy given.
- It serves as the guidance for future cases.
The principle of stare decisis
- Stare decisis: A principle describing the process of lower courts following the reasons for decisions made by higher courts.
- The term means ‘to stand by what has been decided’ in Latin.
- Judges should adhere to previous decisions where appropriate to ensure consistency and predictability in common law.