Judicial precedent

Question 1

What is JP?

Answer 1

-source of law where decisions of judges create law for future judges to follow

Question 2

Stare decisi

Answer 2

• let the decision stand

Question 3

Ratio decidendi

Answer 3

• the reason for deciding

Question 4

Obiter dicta

Answer 4

• other things said

Question 5

Original, binding and persuasive precedent

Answer 5

-BINDING
-a precedent from an earlier case that must be followed if the decision of the court was made by a court that is senior to the court hearing the later case
-PERSUASIVE
-decide it is a correct principle and be persuaded it should be followed
-ORIGINAL
-point of law arising in a case that has never been decided before- whatever judge decides will form a new precedent for future cases to follow

Question 6

Overruling

Answer 6

-Where a court, in a later case, states that the precedent decided in an earlier case is wrong

Question 7

Reversing

Answer 7

-where a court higher in the hierarchy , in an appeal, overturns the decision of a lower court on appeal in the same case

Question 8

Distinguishing

Answer 8

• a method that can be used by a judge to avoid following a past decision
• means the judge finds that the material facts of the present case are sufficiently different to allow a distinction to be drawn
• eg R v Wilson and R v Brown

Question 9

The hierarchy of courts

Question 10

How courts are bound by themselves

Question 11

Advantages and disadvantages of precedent