Precedent - Law Making

Question 1

What is judicial precedent

Answer 1

Standing by or following decisions in previous similar cases

Question 2

What is ratio decidendi

Answer 2

The reasons of the judge for reaching a decision

Question 3

What does the ratio decidendi form

Answer 3

It forms the legal principle which is a binding precedent

Question 4

What is a binding precedent

Answer 4

When a case must be applied when the facts of a second case are sufficiently similar to the original case and the decision was made in a higher court. This is even when a judge disagrees

Question 5

What is the orbiter dicta

Answer 5

The things stated in the course of a judgement which are not necessary for the decision

Question 6

What is the basic rule of precedent

Answer 6

A court must follow the precedents from a higher court but they are not bound to follow decisions for. Courts lower in the hierarchy

Question 7

What is the court hierarchy

Answer 7

1. Supreme Court
2. Court of appeal
3. Divisional courts

Question 8

Which courts don’t have power to create precedents

Answer 8

All of the divisional courts

Question 9

What should a court do if the same court has set a precedent

Answer 9

The court is generally bound by the previous decision but this is subject to exceptions

Question 10

What is a persuasive precedent

Answer 10

A decision that doesn’t have to be followed but by which the judge might decide to do so anyway