Judicial Precedent Flashcards
1
Q
Judicial precedent key 3 components
A
1- Court Hierarchy
2- Ratio decidendi —> “reasoning behind, explanation, logic behind”
3- Obiter Dicta —> “ by the way”, “exception to the rule” (where it applies)
2
Q
What is the Doctrine of judicial precedent?
A
Judicial precedent is when a decision has been made by a higher court has to be adhered to the same ruling in another lower court case.
This is based on the Latin word: ‘Stare decisis’ which translates ‘To Stand by The decided’
Court above you decide on a case = lower courts has to follow the previous judgement as long as the case has similar facts/conditions
