THE DOCTRINE OF JUDICIAL PRECEDENT ( part 1 )

THE DOCTRINE OF JUDICIAL PRECEDENT ( part 1 )

1. A doctrine whereby judges are bound to follow earlier, similar decisions made by a higher court or court of equal standings

2. VERTICAL PRECEDENT

   • A court lower down in the hierarchy is bound to follow a decision of a court higher up in the hierarchy

3. HORIZONTAL PRECEDENT

   • Extent to which a court at the same level is bound to follow their own previous decisions

4. PERSUASIVE PRECEDENT

   • Precedent a judge may choose to follow

5. 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

6. ADVANTAGES

   • Saves time - applies previous, applicable decision
     • Practical - facts / outcome is already known
       • System is more efficient

7. DISADVANTAGES

   • Rigid
     • Stagnates the development of law
       • Injustice - not all cases are exactly alike

8. 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

9. OBITER DICTA - Things said by the way, which are not essential to the case