Judicial Precedent Flashcards
What is judicial precedent
The principle that last decision of judges create law to be followed by future judges
What is meant by stare decisis
Stand by what has been decided
What is law reporting
Constraints judgments from cases so that future cases can follow the decision
What is meant by ratio decidendi
The reason for deciding
BINDING (R v Roberts)
What is ratio decidendi
Important parts of the judgment, created precedent for judges to follow in future
What does obiter dicta mean
Other things said
NOT BINDING (Hill v Baxter)
What is obiter dicta
Everything else that is not ratio, judges may be influenced by it
What are the ways of avoiding precedent
Distinguishing and overruling
What is distinguishing
A material difference is found between the old and similar case
E.g. brown and Wilson
What is overruling
Courts can decides decisions of lower courts and decide if they are correct law or to overrule them
E.g. RvR
