Judicial Precedent Key Terms

Question	Answer
Key Term: Original Precedent	A part of law which has never been discussed, judge's decision will create a new precedent for future cases.
Key Term: Binding Precedent	Precedent from an earlier case must be followed by lower courts (only happens when cases are similar).
Key Term: Persuasive Precedent	Precedent which is not bound, however courts can choose to follow it if they feel that it is appropriate. Example: Privy Council.
Key Term: Ratio Decidendi	Reason(s) for the decision.
Key Term: Obiter Dicta	Other things said.
Key Term: Stare Decisis	"Let the decision stand".
Key Term: Court Hierarchy	A hierarchy of the courts which shows appealant courts and courts of first instance.
Key Term: Law reporting:	The report made of the case which shows the ratio, obiter dicta and the stare decisis.
Key Term: Distinguishing	A judge who must follow precedent can distinguish it by finding a difference in the facts and adopting a narrow version of the ratio.
Key Term: Overruling	A judge may decide that a decision of a previous case is wrong and may then overrule the decision.
Key Term: Disapproving	When a judge states that they disagree with a decision of the previous case and believe that it is wrong they disapprove it.
Key Term: Reversing	A higher court can overturn the decision of a lower court on appeal in the same case.

Resource summary

	Created by b2709 over 8 years ago