Judicial Precedent ^

Question 1

Stare Decisis

Answer 1

let the decision stand
judge make decision and give reasoning
- lower courts must stand with the decision

Question 2

Ratio Decidendi

Answer 2

reason for deciding
- decision and summarise why
legally binding (binding precedent)
- followed by lower courts
most important part

Question 3

Binding Precedent

Answer 3

ratio decidendi
precedent must be follow by judge in cases with similar facts
lower courts and similar level courts

Question 4

Obitor Dicta

Answer 4

other things said
everything the judge says, other than official decision
- speculation
not binding (persuasive)
- can take into account, but dont have to follow it

Question 5

R V Howe

Answer 5

duress cant be used for murder
- every person is considered capable of heroism
cant be used for attempted murder

Question 6

Persuasive Precedent

Answer 6

not binding
judges should take them into account

Question 7

Original Precedent

Answer 7

something new happens
judges must create new law