THE DOCTRINE OF JUDICIAL PRECEDENT ( part 1 )

Samara Ramnarine
Mind Map by Samara Ramnarine, updated more than 1 year ago
Samara Ramnarine
Created by Samara Ramnarine over 4 years ago
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Mind Map on THE DOCTRINE OF JUDICIAL PRECEDENT, created by Samara Ramnarine on 06/10/2016.

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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
    1. VERTICAL PRECEDENT
      1. A court lower down in the hierarchy is bound to follow a decision of a court higher up in the hierarchy
      2. HORIZONTAL PRECEDENT
        1. Extent to which a court at the same level is bound to follow their own previous decisions
        2. PERSUASIVE PRECEDENT
          1. Precedent a judge may choose to follow
          2. BINDING PRECEDENT
            1. Precedent a judge is bound to follow
                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
              1. ADVANTAGES
                1. Saves time - applies previous, applicable decision
                  1. Practical - facts / outcome is already known
                    1. System is more efficient
                2. DISADVANTAGES
                  1. Rigid
                    1. Stagnates the development of law
                      1. Injustice - not all cases are exactly alike
                  2. 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
                    1. OBITER DICTA - Things said by the way, which are not essential to the case
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