Judicial Precedent Flashcards
(8 cards)
1
Q
What is the role of the judiciary
A
Find, declare and apply the law, not make it
2
Q
What does state decisis mean
A
Stand by what has been decided
3
Q
What is a benefit of stare decisis
A
Cases are decided alike. Makes the law more certain
4
Q
What does ratio decindendi mean
A
The reason for the decision
5
Q
Case for ratio decidendi
A
Donohue v Stevenson
6
Q
What is the obliter dicta
A
Comments made by the judge that are not binding but may be taken into account in the future
7
Q
What was set up to make sure accurate records were kept
A
Incorporated council of law reporting
8
Q
In order to operate properly, precedent needs
A
A system of case reporting
A hierarchy of courts
A method of identifying parts of the judgement, which bind a judge
