Reason For Court Hierarchy: Doctrine Of Precedent Flashcards
1
Q
Wat does the doctrine of precedent mean?
A
The decisions made in higher courts are binding on lower courts in the same hierarchy
2
Q
What establishes precedent to be followed in the future?
A
The ratio decidendi
3
Q
What does the doctrine of precedent provide (2)
A
- Consistency as like matters are dealt with in a like manner
- Predictability
4
Q
Why wouldn’t the doctrine of precedent be possible without a court hierarchy?
A
There would be no higher courts to make precedent for the lower courts to follow