Key Definitions

Question 1

Stare Decisis

Answer 1

Stand By the decision

Let similar cases be decided in similar ways
Ensures certainty and stability

Question 2

Precedent

Answer 2

Decisions made on a point of law by senior courts which must be followed by lower courts in the hierachy when a later case raising the same point of law arises

Question 3

Bound By

Answer 3

Must follow

Question 4

Binding

Answer 4

Others follow you

Question 5

ICLR 1865

Answer 5

how law reporting became more uniform and thorough

People were trained to write law reports the same way
Responsible for Supreme Court, CoA, all three divisional courts of the High Court

Question 6

Ratio Decidendi

Answer 6

‘Reason for deciding’

BINDING (lower courts must follow this decision in later similar decisions)

Question 7

Obiter Dicta

Answer 7

‘Other things said’
Everything else in the judgement other than ratio and verdict
PERSUASIVE

Question 8

Judgement

Answer 8

At the end of an appeal case

Judge will explain both their decision and their reasoning behind it

Question 9

Original precedent

Question 10

Binding precedent

Question 11

Persuasive precedent