Judicial Precedent Flashcards
Define ratio decidendi.
The binding part of a court’s judgment. These are the reasons for the court’s decisions. It consists of the legal principles that the court applied to the material facts in order to reach a decision.
Ratio decidendi consists of the legal principles that determine the outcome of a case.
What is obiter dictum?
Non-binding remarks made by a judge
Obiter dicta can be persuasive but are not legally enforceable.
What does the doctrine of stare decisis mean?
To stand by previous decisions
It emphasizes the importance of following established legal precedents.
What is the role of the Constitutional Court in South Africa?
It is the highest court in all matters
The Constitutional Court is the apex court established by the Constitution.
List the hierarchy of courts in South Africa from highest to lowest.
- Constitutional Court (CC)
- Supreme Court of Appeal (SCA)
- High Court of South Africa
- Magistrate’s Courts
- Other lower courts
Each court has specific authority and binding obligations to follow higher court decisions.
What are the two types of Magistrate’s Courts?
- Regional
- District
Each type serves different jurisdictions and functions.
What must a court consider when hearing a matter?
The facts of the case and the applicable law
Courts must analyze both elements to reach a decision.
True or False: Factual findings create binding precedents.
False
Factual findings are case-specific and do not establish general legal principles.
What are the elements of a judgment?
- Outline of material facts
- Analysis of those facts
- Applicable rules or principles of law
- Application of rules to facts
- Conclusion drawn
These elements help form a complete and reasoned judgment.
What is the significance of the ratio decidendi in judicial decisions?
It binds lower courts to follow established legal principles
Only the ratio decidendi is binding according to the doctrine of stare decisis.
How can one identify obiter dictum in a judgment?
- Check if the statement is necessary for the decision
- Look for hypothetical or generalized remarks
- Check how later cases treat the statement
These indicators help distinguish between binding and non-binding remarks.
What is the primary function of the judiciary in relation to statutes?
Responsible for resolving legal disputes from statutes
The judiciary interprets and applies the law as established by legislative authority.
What are the three basic requirements that must be satisfied before one can say that the ratio of one case will be relevant for the purpose of deciding a subsequent case?
- The earlier case must deal with the same branch of law. Although there are very occasional examples of cases which may establish a principle of relevance broad enough to embrace various fields of law, such as the principle that an insane person is not responsible for their acts.
- The material facts of the earlier case must be similar (not necessarily identical) to those of a later case.
- The courts must have utilised the similar material facts to establish a principle of law.
What type of remarks are considered obiter dictum?
Remarks that are not necessary for the court’s decision
These remarks are often casual or additional commentary that do not affect the ruling.
What is the role of the Supreme Court of Appeal (SCA)?
It deals only with appeal matters and is bound by its own judgments
The SCA’s decisions are binding on all subordinate courts in the country.
What is the effect of previous judgments unless they are materially wrong?
They create binding law
Courts must abide by and apply judgments from previous cases unless proven incorrect.
What are specialized high courts in South Africa?
- Labour Court
- Equality Court
- Land Claims Court
These courts handle specific types of legal issues.
What are the three basic principles of departure in statutory interpretation?
- Text is read to find initial meaning
- Common law presumptions are considered
- Balance between text and context in mind
These principles guide how statutes are interpreted in legal settings.
