Judicial Precedent

Question 1

What is common law

Answer 1

Common law is also known as case law

It is made by judges

It is law formed on the basis of precedents set in previous cases

Question 2

Judicial precedent ?

Answer 2

Judicial precedent refer to case law where past decisions of the judgements create law for judges to follow

Question 3

Ratio decidendi (reasons for deciding)

Answer 3

When a judge decides a case he/she give their reasons in a judgement/Decision

The reasons are called the ratio decidendi and they can set binding precedents if the judge is sitting in one of the superior courts

Question 4

Orbiter dicta

Answer 4

The judge might say other things unrelated to the case (e.g speculate how a slightly different set of facts would have been decided)

It is persuasive but not legally binding

Question 5

Advantages of judicial precedent

Answer 5

Helps make law more predictable

People can organise their lives to avoid disputes

Enables lawyers to predict possible legal consequences of an act or omission

Judicial decisions are less subjective

Offers opportunities for legal development that could not be provided by parliament

Question 6

Disadvantages of judicial precedent

Answer 6

Rigid - what was decided in the past does not necessarily make good law today

Particular rules might not be appropriate in individual cases

It is not always easy to find the ratio of a case