Unit 2 Outcome 1 - Precedent Flashcards
1
Q
Define precedent
A
A court decision that is followed by another court lower in the hierarchy
2
Q
How is a precedent set?
A
When a court makes a decision in a case that is the first of its kind
3
Q
What is ratio decidendi?
A
The reason for the decision ( binding part )
4
Q
How is it applied to Donoghue V. Stevenson?
A
Before this case the legal concept of negligence did not exist and the ratio decidendi provided the guiding principle for laws on negligence which are still used today
