Judicial precedent

Question 1

What is judicial precedent?

Answer 1

When judges create rules to be followed in similar cases in future.

Question 2

What are the three key latin rules?

Answer 2

1) Stare decisis
2)Ratio decidendi
3)Obiter dicta

Question 3

What are the latin translations of the rules?

Answer 3

Stare decisis - Stand by what is decided
Ratio decidendi - Rationale for the decision
Obiter dicta - Other things said

Question 4

Stare decisis

Answer 4

When there is no existing act, judges must stand by the other decisions of previous judges in similar cases.

Schweppes 1965 -
A decision was made by 3 judges but one dissented but the decision was made on a 2-1 majority and as there was previous case law, the judges weren’t bound by previous precedent.

Question 5

Ratio decidendi

Answer 5

The reason why the decision was made in a specific case.
This sets the precedent to be followed in future cases.
This is called binding precedent as all the other courts/judges are bound to follow it.

Question 6

Obiter dicta

Answer 6

Other things said by the judge in the case.
These do not set precedent but may be helpful for future judges. This is called persuasive precedent as it can persuade future judges.

Question 7

Three types of precedent?

Answer 7

Original precedent
Binding precedent
Persuasive precedent

Question 8

Original precedent

Answer 8

This is where there are no previous cases or acts of parliament on a topic. it then becomes binding precedent for future cases.

Question 9

Binding precedent

Answer 9

This a rule that other courts must follow. They are bound by it once it as been set. An example of this would be the rule of R v Howe saying duress is no defence to murder - all courts must now follow this.

Question 10

Persuasive precedent

Answer 10

This is precedent that does not have to be followed by court but judges may find it helpful when deciding cases.