Judicial precedent part 1 Flashcards
What is judicial precedent?
When the facts of a case are similar to one which has already been decided, the judge must follow the previous decision.
What is judicial precedent also known as?
Stare decisis
Common law
Case law
What does stare decisis mean?
To stand by things decided.
What does ratio decidendi mean?
Reason for deciding.
What is the ratio decidendi?
The legal principle or reasoning behind a court’s decision in a case.
It is a binding precedent for later cases which are similar.
What is an original precedent?
When the judge creates a new rule when there is no existing law, often reasoning by analogy to similar past cases.
It is also binding.
What types of persuasive precedent are there?
Decisions from lower courts
Privy council decisions
Obiter dicta
Dissenting judgements
What does obiter dicta mean?
Other things said.
What is obiter dicta?
Extra comments made by a judge that are not essential to the decision in the case.
Not legally binding, but can be persuasive in influencing future legal decisions.
What is a dissenting judgement?
When a judge disagrees with the majority decision in a case and explains why.
It doesn’t change the outcome of the case but can influence future decisions.
What are the 3 ways of avoiding precedent?
Overruling
Reversing
Distinguishing
