Judicial Precedent Flashcards

1
Q

What is stare decisis?

A

Stand by previous decisions.

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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.

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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
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4
Q

Sir Rupert Cross-

A

Any rule expressly or impliedly treated by the judge as necessary step in reaching his conclusion.

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5
Q

What is precedent? (Definition)

A

Judges follow the decisions of previous cases.

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