Precedents

Question 1

What is a precedent?

Answer 1

Precedent is a judgement made by court that establishes a point of law

Question 2

What do precedents aim to achieve?

Answer 2

Aims to achieve just judgement by limiting judge’s power to make new ruling when past
examples exist

Question 3

How do you make a precedent?

Answer 3

Making precedent:
– the court’s arrival at a decision in a case for which there is no existing common nor statute law
for guidance
– a judge’s interpretation of legislation

Question 4

What are the rules of precedents?

Answer 4

binding precedents (created by higher courts) must be followed (by lower courts)
– persuasive precedents may or may not be taken into account; persuasiveness of a precedent is
determined by the judge who made it and the court in which it was made

Question 5

How can you avoid precedent?

Answer 5

Precedents can be avoided by:
– distinguishing the case
– reversing a judgement
– overruling a judgement
– disapproving a decision