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Precedent

Legal studies unit 2

QuestionAnswer
Predecent A decision made by judge in a case that is first of its kind.
Binding Precedent The precedent must be followed by lower courts from the same hierachy.
Persuasive Precedent The precedent can influence the decison of the judge but s/he is not comply by it. Precedents set from courts in other states, countries or lower court is not binding.
Ratio decidendi The reason for the decision
Obiter Dictum Statement made by the judge that is not part of the reason for the decision by it is an important statement that can influence future cases.
Statutory Interpretation The judge clarifies the words in the act or precedent. This process is part of the law making by courts because the judge has to determine the ratio decidendi.
abrogate overrides- parliament can override precedent
Created by: TriT