Precedent

Question 1

What is Precedent?
What principle does it follow?

Answer 1

When a Judge’s decision forms the basis for future laws
- Stare Decisis (To stand by what already exist and not to change it)

Question 2

What rule does Stare Decisis encourage?
- Cases?

Answer 2

Like cases are decided alike
- Donoghue v Stevenson + Grant v Australian Knitting Mills

Question 3

What is Ratio Decidendi?

Answer 3

Reason for Deciding
- Legal reason for a judge’s decision is the part that sets binding precedent for future laws

Question 4

What is original Precedent?
- case?

Answer 4

Where no precedent exists, court may create an original precedent
- Hunter v Canary Wharf

Question 5

What is Persuasive Precedent?

Answer 5

Not binding but may be considered in future cases

Question 6

Examples of Persuasive Precedent?
- With cases

Answer 6

• Decisions of lower courts (R v R)
• Privy Council decisions (Willers v Joyce)
• Commonwealth Courts (Caparo v Dickman)
• Obiter Dicta (Ivey v Genting Casinos)

Question 7

What are the options a judge has when deciding a case with precedent?

Answer 7

• Follow
• Override
• Reverse
• Distinguish