JUDICIAL PRECEDENTS

Question 1

What is a judicial precedent?

Answer 1

also called case laws, are the decisions and interpretations of the law made by a court in previous cases. they serve as a source of law and provide guidance for future legal cases.

Question 2

What are its aims?

Answer 2

Ensuring certainty and consistency
Ensuring lower courts do not create conflicts of authority.
Ensuring the general rules and principles constructed by judges in decisions made in cases are followed by future judges.

Question 3

state the 2 elements of the doctrine of a precedent.

Answer 3

Ratio decidendi- The reason or rationale behind a decision.
STARE DECISIS- is to stand by decisions made, every court is bound to follow any reported case decided by a court above it.

Question 4

what does the operation of a system of binding precedents depend on ?

Answer 4

• An effective system of law reporting and availability of reliable records of decisions.
  -Identification of rules of law from the decisions made.
  -A settled hierarchy of courts.

Question 5

specify STARE DECISIS by giving examples

Answer 5

Circuit judges are bound by decisions of HC judges COA and SC judges.
-HC judges are bound by the decisions of the COA and SC
-COA is bound by SC

Question 6

In what ways are precedents applied?

Answer 6

1) SIMILAR FACTS+SIMILAR PRINCIPLE- APPLICABLE
2) DIFFERENT FACTS + DIFFERENT PRINCIPLES - INAPPLICABLE
3) DIFFERENT FACTS + SIMILAR PRINCIPLE = APPLICABLE.

Question 7

Differentiate a BINDING precedent and a PERSUASIVE precedent.

Answer 7

BINDING - Precedents created by superior courts have a binding effect on lower courts and generally on courts of equal status.

PERSUASIVE - Precedents that carry influence but are Not binding.
Decisions of lower courts may be persuasive and can be considered when deciding similar cases.