Precedent

Question 1

What is judicial precedent?

Answer 1

It is standing by or following decisions in previous, similar cases
-this is the most important principle and the foundation of judicial precedent.

Question 2

The doctrine of precedent

Answer 2

It is the standing by o

• This is where it refers to the source of law where the past decisions of the judges create law for future judges to follow.
• This is very important for the common law Legal systems. DOCTRINE OF PRECEDENT means that the courts must follow decisions of the courts above

Question 3

Stare Decisis

Answer 3

The doctrine of precedent is based on the Latin Maxim state decisis. And this means ‘stand by what has been decided and do no not unsettle the established’

-So precedent is ‘standing by’ or following decisions

Question 4

Ratio Decidendi

Answer 4

Precedent can only operate if the legal reasons for past decisions are known.

• At the end of a case there will be a judgement. And this is a speech made by the judge, and explaining the reason behind his decision. In the judgment the judge usually gives a summary of the facts, reviews the arguments and explains the law he used=this is known as the RATIO DECIDENDI
• this is what creates a precedent for judges to follow
• there can be more than one speech at the end of a case depending on the amount of judges there is.
• as there are more judges higher up in court, there can be more reasonings, if a case is for instance complex, this can cause problems in later cases as each judge may have different reasons so therefore there can be more than one ratio Decidendi