Precedent

Question 1

what is a precedent

Answer 1

an original decision that will provide guidance for future cases

Question 2

who can create a precedent

Answer 2

only the high court and supreme can create a precedent and it must be followed by all lower courts

Question 3

why must a precedent be followed at all times

Answer 3

Precedent applies to Stare Decisis (to let the decision stand)

Question 4

example of a new common law precedent

Answer 4

Mabo v Qld high court interpreted UN law about Terra Nullius influencing the court to abolish the Doctrine of Terra Nullius allowing Torres Straight Islander people to own land

Question 5

reasons for a judges decision includes

Answer 5

Ratio Decidendi (legal reason)
Obiter Decidendi (extra comments, not binding. more like the judges opinion)

Question 6

what are the two types of precedents

Answer 6

Binding precedent - lower courts must follow these precedents
Persuasive precedents - not binding but can affect a ruling