what is precedent Flashcards
1
Q
stare decisis
A
let the decision stand.
like cases should be treated alike.
2
Q
vertical precedent
A
up and down the judicial hierarchy.
3
Q
horizontal precedent
A
on the same level.
4
Q
ratio decidendi
A
the rule of law used by judges to decide.
the reasoning for the decision.
5
Q
advantages of precedent
A
consistency.
certainty.
flexibility.
6
Q
disadvantages of precedent.
A
uncertainty. fixity unconstitutional slowness lack of clarity.
