Types Of Precedent

Question 1

What is binding precedent

Answer 1

Precedent from an earlier case which must be followed even if the judge does not agree with that principle.
Binding precedent is only created when the facts of the case are sufficiently similar to the original case and the decision was made by a court senior to the court hearing the case

Question 2

What case shows binding precedent

Answer 2

R v Dudley v Stephen’s and donoghue v Stevenson above where both set out binding precedent which must be followed in later cases

Question 3

What is original precedent

Answer 3

Where the judge must come to the decision without following a previous decision as the facts have not come to the courts before
Courts look at similar situations in previous cases

Question 4

What case shows original precedent

Answer 4

Re A
An operation to separate conjoined twins which would have killed the weaker twin but the defence of necessity was allowed to save the stronger twin

Question 5

What is persuasive precedent

Answer 5

There are six ways persuasive precedent which means an influence the higher courts decisionn

Question 6

What are the six ways of persuasive precedent

Answer 6

• courts lower in the hierarchy
• decisions of the judicial committee
• obiter dicta statements
  -dissenting judgments
• international decisions
• decisions of the ECTHR