Non-sub: Judicial Precedent

Question 1

Binding precedent

Answer 1

Judges will see if precedent has been set by an equal or higher status to the court deciding new case, the judge has to follow the point of law established in the earlier case because it was BINDING PRECEDENT

Question 2

Persuasive precedent

Answer 2

Not binding but judge may see it and be persuaded to follow it. Persuasive precedent comes from…

1) Courts lower in the hierarchy
2) Statements made Obiter Dicta
3) Decisions of courts in other countries

Question 3

In the judgement at the end of the case the judge will give:

Answer 3

1) A summary of the facts of the case

2) The ratio - binding part of the decision

3) The obiter - “other things said” judges don’t have to follow

Question 4

Original precedent

Answer 4

Judges are sometimes forced to make new law if the point of law has never been decided. Their decision forms new original precedent like in
R V BROWN