Stare decisis, ratio decidendi and obiter dicta

Question 1

Define stare decisis

Answer 1

Stand by the decision and don’t unsettle the established

Question 2

Define ratio decidendi

Answer 2

The reason for the decision

Question 3

Define obiter dicta

Answer 3

Other things said

Question 4

How does stare decisis work?

Answer 4

Decisions made in the higher courts are binding to the lower courts so they have to follow the decision made

Question 5

Which courts bind themselves?

Answer 5

The supreme court and COA

Question 6

How does the supreme court avoid its own precedent?

Answer 6

The practice statement

Question 7

How does the COA avoid its own precedent?

Answer 7

Young(?)

Question 8

Case examples for stare decisis

Answer 8

.Eisenhower
.Chan Fook
.Donoghue and Stevenson

Question 9

Case examples for ratio decidendi

Answer 9

.Robinson
.Dica
.Brown and others

Question 10

Case examples for obiter dicta

Answer 10

.Beard

.Khan and Khan

Question 11

What is ratio decidendi?

Answer 11

The binding aspect of the judge’s decision

Question 12

Where is ratio most likely to be made?

Answer 12

Higher courts

Question 13

What is obiter dicta?

Answer 13

Something not included in the ratio but said by the judge in the judgement.

Question 14

Is obiter persuasive or binding?

Answer 14

Persuasive

Question 15

Is ratio binding?

Answer 15

Yes

Question 16

Is Stare decisis binding?

Answer 16

Yes