Judicial Precedent

Question 1

What is judicial precedent ?

Answer 1

• where judges follow the laws that are decided by higher courts in previous cases

Question 2

Stare decisis

Answer 2

• “to stand by things decided”
• court makes decision in alignment with previous court decision

Question 3

Ratio decidendi

Answer 3

• “reason for the decision”
• principles on which the court makes its decision
• binding element

Question 4

Obiter dicta

Answer 4

• “things said in passing/said by the way”
• not binding

Question 5

What are the Latin maxims ?

Answer 5

• stare decisis
• ratio decidendi
• obiter dicta

Question 6

Ways of avoiding

Answer 6

• departing
• distinguishing
• reversing
• overruling

Question 7

Distinguishing

Answer 7

• point out material differences of case which means they can avoid precedent

• Balfour V Balfour
• Merit V Merit

Question 8

Overruling

Answer 8

• superior court replaces earlier decision with new precedent

• R V R

Question 9

Reversing

Answer 9

• superior court can reverse decision if inferior court on appeal

• Re Pinochet

Question 10

Departing

Answer 10

• superior courts can depart from precedent when it’s not fit for purpose

• Addie V Dumbreck and Herrington V British Railway Board