Judicial Precedent Flashcards
1
Q
What is stare decisis?
A
Stand by previous decisions.
2
Q
How does precedent work within the court hierarchy?
A
Horizontally bound and vertically bound, COA Bound By Sup But Sup Not Bound by COA.
3
Q
What is the ratio decidendi?
A
The principle of the case - "reasons for deciding"- the part of the case that binds other courts. Cases- Howe Brown
4
Q
Sir Rupert Cross-
A
Any rule expressly or impliedly treated by the judge as necessary step in reaching his conclusion.
5
Q
What is precedent? (Definition)
A
Judges follow the decisions of previous cases.