System of Precedent

Question 1

Stare decisis means…

Answer 1

let prior decisions stand

Question 2

Precedent works from the top down. This is described as…

Answer 2

vertical binding effect

Question 3

Give 2 examples of horizontal binding effect.

Answer 3

1. Civil Court of Appeal decisions are generally binding in future Court of Appeal cases
2. High Court decisions are generally binding in future High Court Cases

Question 4

Court of Appeal has general ________ to depart from its previous criminal decisions in order to avoid ___________ __ __________

Answer 4

discretion, miscarriages of justice

Question 5

Is the Supreme Court bound by its prior decisions?

Answer 5

No

Question 6

A case is binding precedent only if ______ ____ and ______ ____ were involved

Answer 6

similar facts, similar laws

Question 7

What term is given to a court statement regarding a matter not necessary to the court’s decision, therefore not creating binding precedent?

Answer 7

Obiter dicta

Question 8

What can be the use of obiter dicta?

Answer 8

Persuasive authority

Question 9

What term is given to parts of a court decision that are essential to the court’s jugement, which does create binding precedent?

Answer 9

Ratio decidendi

Question 10

Only statements from a _______ or ________ decision can form binding precedent, ________ and ______ opinions may only be persuasive

Answer 10

majority, unanimous, minority, dissenting