Rules of JP (8)

• What is judicial precedent?

  When judges in higher courts set out rules which will be followed by other courts in future cases

  What are the 3 rules of judicial precedent?

  • Stare Decisis
  • Ratio Decidendi
  • Obiter Dicta
• Stare Decisis

  ---> stand by the decision - forms basis of judicial precedent

  
  

  When there is no existing Act of Parliament, judges will stand by the decision of previous judges even if they disagree with them

  
  

  Schweppes and AT & T - 2 cases decided on same day dissenting judge followed precedent set by judge earlier
• Ratio Decidendi

  ---> reason for decision

  
  

  This sets the legal rule which is an original precedent and this will be binding precedent for future judges

  
  

  R v Howe - ratio decidendi was that duress is not defence for murder
• Obiter Dicta

  ---> other things said - doesn't directly set legal rule or relate to case

  
  

  Helpful to judges in future cases when deciding outcome - persuasive precedent

  Usually discussions about hypothetical situations with different outcomes

  
  

  R v Howe - obiter dicta said duress shouldn't be defence for attempted murder - this was then followed in R v Gotts