Unit 2 Outcome 1 - Types Of Precedent

Question 1

Binding precedent

Answer 1

Must be followed by courts lower in the same hierarchy. Considered binding when:

• facts of precedent similar to facts on new case
• precedent set in higher court and same hierarchy

Question 2

Persuasive precedent

Answer 2

Decision in another court hierarchy may have made an important statement of law persuade a court to follow the precedent

Question 3

Define obiter dictum

Answer 3

Remarks made by a judge in passing which are not binding