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
1. A court lower down in the hierarchy is bound to follow a decision of a court higher up in the hierarchy
HORIZONTAL PRECEDENT
1. Extent to which a court at the same level is bound to follow their own previous decisions
PERSUASIVE PRECEDENT
1. Precedent a judge may choose to follow
BINDING PRECEDENT
1. Precedent a judge is bound to follow
2. 1. OVER RULE- Process by which courts declare that the previous precedent is no longer good law
    1. REVERSED- Judge in higher count goes back to previous decision of lower court
ADVANTAGES
1. Saves time - applies previous, applicable decision
  1. Practical - facts / outcome is already known
    1. System is more efficient
DISADVANTAGES
1. Rigid
  1. Stagnates the development of law
    1. Injustice - not all cases are exactly alike
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

Resource summary

	Created by Samara Ramnarine over 7 years ago