Judicial decisions Flashcards
1
Q
Legal precedence principle
A
The rule of law established in a previous judgment is binding upon a lower court and the courts of equal rankings must follow their own previous decisions.
2
Q
A decision that creates legal precedence
A
The ratio decidendi of a case is a reason/ground for the decision of a court and becomes a principle of law that may have to be applied in future cases in which cases are similar.
3
Q
Can the tax decisions of foreign countries create legal precedence?
A
They are valuable and may have influence in South African courts when they deal with a point of law that also occurs in the South African Act.
