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Question 1

Ratio Decidendi

Answer 1

Judges establish legal principles, known as ratio decidendi or “rationes,” by analysing facts and applying the appropriate legal rules or principles when deciding cases.

Question 2

Stare Decisis

Answer 2

Stare decisis means that courts are compelled to follow the rationes set by superior courts. This promotes certainty in the legal system and ensures consistency in the application of the law.

Question 3

Res Judicata

Answer 3

establishes that the final judgment in a case between parties is conclusive and prevents the same issue from being relitigated once decided on its merits.

Question 4

Court Hierarchy

Answer 4

The Supreme Court is the highest court and can depart from its own precedents in rare cases. Lower courts, such as the Court of Appeal, are bound by the rationes of higher courts. The High Court must follow the precedents set by the Court of Appeal and the Supreme Court. Lower courts are bound by all higher courts.

Question 5

ways to avoid precedents

Answer 5

Courts can use various techniques to avoid following precedents. These include overruling, where a higher court directly contradicts a lower court’s decision; reversing, where a higher court disagrees with a lower court in the same case; and distinguishing, where a court finds material differences between the facts of two cases.