Judicial precedent Flashcards
What is judicial precedent
Refers to law where past decisions of the judges has created law for future judges to follow
What is stare decisis
Stand by what has been decided
Who’s decisions do judges have to follow
Courts must follow decisions of the courts above
What is a binding precedent
This is a precedent from an earlier case that must be followed if the judge in the later case is lower in the court hierarchy
What is a persuasive precedent
This is precedent that is not binding but the judge may consider it and decide it is correct so therefore is persuaded to follow it (it is made by lower courts)
What does obiter dicta stand for
Things said by the way
What does orbiter dicta mean
Statements made in a judgement that were not part of the point of law in deciding the case
How does orbiter dicta effect law
The orbiter may be followed in later cases as a persuasive precedent
What cases are used for obiter dicta
In RvHowe the obiter was that duress could not be used as a defense for attempted murder
This was then followed as persuasive precedent in RvGotts
