Judicial Precedent - Stare Decisis A01

Question 1

Define stare decisis

Answer 1

underpins the doctrine of judicial precedent

Question 2

What does stare decision translate to

Answer 2

‘stand by the decision’

Question 3

What is the purpose of stare decisis

Answer 3

ensures that judges stand by their previous decisions

Question 4

What else is precedent based on apart from stare decisis

Answer 4

precedent is also based on ratio decidendi, obiter dicta and the court hierarchy

Question 5

What court structure is required for stare decisis to operate

Answer 5

a settled court structure is required - superior courts bind the decisions of lower courts (e.g: decisions in the UKSC are followed by lower courts)

Question 6

What does stare decisis form

Answer 6

forms the binding precedent for future judges to follow/stand by

Question 7

what type of reports help to uphold stare decisis

Answer 7

law reporting - all decisions are recorded for judges and lawyers to access

Question 8

define obiter dicta

Answer 8

other sings said’ by a judge doesn’t form part of the ratio decidendi therefore stare decisis doesn’t apply as it can only be used as persuasive precedent