JUDICIAL PRECEDENT

• What is stare decisis?

  ’stand by what has been decided’

  The decisions can be looked back on by other judges
• What is ratio decidendi?

  ‘the reason for deciding’

  sets the precedent for future judges to follow

  courts lower in the hierarchy must follow decisions made higher in the hierarchy
• What is obiter dicta?

  ‘other things said’

  hypothetical situations if the facts of the case and the outcome had been different

  non-binding

  i.e. R v Howe
• What is binding precedent?


  the decision made must be followed in current and lower courts
• What is persuasive precedent?

  precedent that a court may, but is not obligated to, follow in deciding a case

  i.e. Holley, R v R (1991), R v Howe
• What is original precedent?

  precedent on a point of law that hasn’t been decided on before

  i.e. Hunter v Canary Wharf
• What is distinguishing?


  When the case facts must be proven different to not follow precedent

  i.e. Balfour v Balfour -> Merritt v Merritt
• What is overruling?


  when a higher court disagrees with precedent from a lower court

  i.e. BRB v Herrington -> Addis v Dumbreck
• What is reversing?


  When a case is appealed to a higher court but a different decision is reached

  i.e. Sweet v Parsley, Tomlinson v Congleton