click below
click below
Normal Size Small Size show me how
Judicial precedent
| Question | Answer |
|---|---|
| What is judicial precedent | previously made decisions that judges and courts have to follow because higher courts and judges made them |
| Binding | Judges and courts make a decision all other courts and judges have to follow in the future if their case has similar facts |
| persuasive | Judges don't have to follow previous decisions even if they are similar on facts because the judgment is from a lower court, decision is made by a court in a commonwealth country,obiter dicta statements,dissenting judges |
| Stare Decisis | Stand by the decided it promotes fairness and certaintity |
| Obiter Dicta | Things said by the way |
| Res Judicata | Judge gives decision at the end of a speech |
| Ratio Decidendi | legal reasons used to get to their decision |