Precedent Flashcards
What does the first R in PROBS PRODD stand for?
Ratio decidendi : means the ‘reason for the decision’
• it is a binding decision
• must be followed by all other courts in the same hierarchy or lower.
What does the first P in PROBS PRODD stand for?
Precedent: when a court has to make a decision in an area that hasn’t been created before.
• a court could make a new precedent or change a current one
• when a judge gives legal reasons for a law
What does the first O in PROBS PRODD stand for?
Obiter dictum: statements made ‘by the way’ these statements are not central to the decision but could influence future decisions
What does the B in PROBS PRODD stand for?
Binding precedent: a precedent made by a higher court that must be followed by courts all lower courts in the same hierarchy
What does the S in PROBS PRODD stand for?
Stare decisis: it means to stand by what has been decided
What does the second P in PROBS PRODD stand for?
Persuasive precedent: this is a precedent made by a lower court, court of the same hierarchy or a court in a different hierarchy that may influence decisions.
• this is not binding
What does the second R in PROBS PRODD stand for?
Reverse: this involves ONE case on appeal, if the judge in the higher court changes the decision of a lower court they may decide to very a new precedent
What does the second O in PROBS PRODD stand for?
Overruling: involve TWO cases. A lower court creates a precedent in one case, a higher court creates a different precedent in a case with similar material facts. The higher courts precedent overrules the previous one
What does the first D in PROBS PRODD stand for?
Dissaprove: a judge may be bound by a precedent but many not agree. They can ask parliament I a higher court to change the law.
What does the second D in PROBS PRODD stand for?
Distinguish: this involved TWO cases. A judge may find different material facts, if this happens they do not have to follow the same prevent and may create a new one.
