Judicial law-making processes

Question 1

Judicial precedent

Answer 1

Past decisions of judges create law for future judges to follow. - Judges should follow previous decisions for same cases.

Question 2

What does judicial precedent ensure?

Answer 2

Fairness, certainty, and consistency in legal system.

Question 3

Common law?

Answer 3

judicial precedent creates a single set of laws common to whole country

Question 4

Hierarchy of courts

Answer 4

Supreme Court is at top
Magistrates court is at bottom
- decisions made by higher courts creates an original/ binding precedent for all lower courts to follow.

Question 5

Distinguishing

Answer 5

Judge finds facts in present case different to earlier case.
- allows them to reach different conclusion and not have to follow precedent.

Question 6

Overruling

Answer 6

higher courts states legal decision in an earlier case in wrong & overturns it.