Mindmap
THE DOCTRINE OF JUDICIAL PRECEDENT ( part 1 )

Mind map: doctrine of judicial precedent
Inhalt der Mindmap
THE DOCTRINE OF JUDICIAL PRECEDENT ( part 1 )
A doctrine whereby judges are bound to follow earlier, similar decisions made by a higher court or court of equal standings
VERTICAL PRECEDENT
- A court lower down in the hierarchy is bound to follow a decision of a court higher up in the hierarchy
HORIZONTAL PRECEDENT
- Extent to which a court at the same level is bound to follow their own previous decisions
PERSUASIVE PRECEDENT
- Precedent a judge may choose to follow
BINDING PRECEDENT
- Precedent a judge is bound to follow
- OVER RULE- Process by which courts declare that the previous precedent is no longer good law
- REVERSED- Judge in higher count goes back to previous decision of lower court
- OVER RULE- Process by which courts declare that the previous precedent is no longer good law
ADVANTAGES
- Saves time - applies previous, applicable decision
- Practical - facts / outcome is already known
- System is more efficient
- Practical - facts / outcome is already known
- Saves time - applies previous, applicable decision
DISADVANTAGES
- Rigid
- Stagnates the development of law
- Injustice - not all cases are exactly alike
- Stagnates the development of law
- Rigid
RATIO DECIDENDI - Any rule of law expressly or impliedly treated by the judge as a necessasy step in reaching his conclusion, having regard to the line of reasoning adopted by him
OBITER DICTA - Things said by the way, which are not essential to the case
Informationen
- Beschreibung
- Mind Map on THE DOCTRINE OF JUDICIAL PRECEDENT, created by Samara Ramnarine on 06/10/2016.
- Erstellt von
- Samara Ramnarine
- Aufrufe
- 122
- Tags
- Bewertung