judicial precedent (p.1 s.a)

Question 1

what are the types of precedent?

Answer 1

•binding precedent- a precedent must be followed in future cases. this is because the precedent was made in a court of the same or higher standard
•original precedent- when a precedent is made for the first time. this precedent was made for future courts to follow - it becomes binding
•persuasive precedent- a precedent that does not need to be followed. however to ensure ‘stare decisis’ the courts are encouraged to follow this precedent where possible

Question 2

what is state decisis?

Answer 2

let the decision stand
•a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case

Question 3

what does stare decisis ensure?

Answer 3

•a fair trial
•equality
•serves justice
•time saving
•stops confusion - make sure the law is is clear
•consistency of the law

Question 4

what is ratio decidendi?

Answer 4

the reason for the decision

Question 5

what is overruling?

Answer 5

when a higher court overturns the decision of a lower court

Question 6

what is reversing?

Answer 6

supreme court returns the precedent to its original after being overruled

Question 7

what is distinguishing?

Answer 7

any court can decide the precedent does not fit the current case and can create a new precedent

Question 8

what is departing?

Answer 8

courts of the same level can overturn the precedent previously set