The Doctrine of Precedent

Question 1

Who is bound by the precedents set out in the superior courts?

Answer 1

Inferior courts

Question 2

Can a court choose not to use a precedent? Aka ‘distinguish’ from previous cases?

Answer 2

Yes. Usually on the grounds that the facts of the case they are dealing with does not match the facts of the case where the precedent was set in the superior courts.

Question 3

What is Ratio Decidendi?

Answer 3

The ratio decidendi is a key part of a case’s judgment and establishes a precedent that can be used by other courts in future cases. It is different from obiter dicta, which are unnecessary observations that do not have the force of precedent.

It is the binding part of a decision. What the majority have agreed on.

Question 4

Are superior courts the ones that can overturn a decision of the inferior courts?

Answer 4

Yes.

Question 5

Which courts bind themselves?

Answer 5

Supreme Court and Court of Appeal… not High Court

Question 6

When can the CoA depart from their precedent?

Answer 6

3 situations:
1. When CoA decision conflicts with Supreme Court decision
2. When there are 2 conflicting CoA decisions
3. When CoA decision was reached via legal error.

Question 7

Which superior court is not bound by its previous decisions?

Answer 7

High Court.