Judicial Precident Flashcards
Judicial precedent
the idea that once a court makes a decision, both they and other courts beneath them are bound by that decision
Stare decisis
the legal principle of determining points in litigation according to precedent
Ratio decidendi
the reason for a court’s decision and is part of the judgement delivered at the end of a case
Orbiter dicta
a judge’s expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent.
Binding precedent
Precedent that a court must abide by in its adjudication of a case.
Persuasive precedent
if it was established by a superior court that is not higher in the hierarchy of courts
Original precedent
where a judge must come to a decision without following a previous decision
Distinguished
very successful, authoritative, and commanding great respect.
Per incuriam
A judicial decision is made per incuriam (literally, through lack of care
Inferior courts
has limited jurisdiction over smaller, summary matters with a lower monetary threshold than the intermediate courts of each state and territory.
Superior courts
the High Court, the Court of Appeal, the Crown Court and the House of Lords
Dissenting judgement
an opinion filed by a judge who disagrees with the majority decision of a case.
