Judicial Precedent Flashcards
What are precedents?
Decisions of judges in previous cases
What is the latin for the doctrine of precedent?
Stare decisis
What does stare decisis mean?
Let the decision stand
When should precedent be followed?
Where the point of law in previous case and current case is the same.
What does precedent promote?
The idea of fairness and provides certainty
What are the two types of precedents?
Binding Precedent and Persuasive precedent
Which courts bind which courts?
Higher courts in the hierarchy bind lower courts
What is a binding precedent?
It is a decision in an earlier case and a higher court which must be followed in later cases
What is a persuasive precedent
It is part of the judgement that should be followed, but is not binding.
What should be provided if not following a persuasive precedent?
A reason
What are persuasive precedents usually in the form of?
Obiter dicta
Where do persuasive precedents usually come from?
Courts which do not bind
Courts lower in the hierarchy
Or be obiter dicta
Which courts do not bind?
The judicial committee of the privy council
What is the obiter dicta?
its the rest of the judgement apart from the stare decisis
