Judicial Precedent

Question 1

Define

Answer 1

Judicial precedent refers to the source of law where past decisions of judges create law for future judges to follow. This source of law is also known as case law.

Question 2

Stare Decisis

Answer 2

“stand by what has been decided and do not unsettle the established”

Question 3

Ratio Decendendi

Answer 3

The judge will make a speech summing up the arguments that the advocates have used in the case and then explain the principles of law he is using to come to his decision. These principles are an important part of the judgement and are known as the ratio decendendi which means the reasons for deciding.

Question 4

Obiter Dicta

Answer 4

It is other things said by a judge when a decision is made.
(Hill v Baxter) - swarm of bees hypothesis

Question 5

Original precedent

Answer 5

Point of law in a case has never been decided before, then whatever the judgement this will form a new precedent.

Question 6

Binding precedent

Answer 6

A precedent from an earlier case and it must must be followed. It is only created if the facts of the second case are sufficiently similar to the first and the decision is from a court which is senior to the court hearing the later case.

Question 7

Persuasive precedent

Answer 7

Not binding on the court, but the judge may consider it a correct principle so he is persuaded to that he should follow it.

Question 8

Overruling

Answer 8

A later court decides the legal ruling of an earlier case is wrong. A higher court may thus overrule a lower court. For example the House of Lords may overrule the Court of Appeal.

Question 9

Reversing

Answer 9

A court higher up in the hierarchy overturns the decision of a lower court on appeal in the same case.