judicial precedent:

Cards (2)

  • Stare decisis -
    stand by what has been decided and do not unsettle the established'.  ​
    The doctrine of precedent is based on this Latin maxim.​
    Judges are able to make decisions in court, either to interpret Parliamentary law or decide a rule where there is no Parliamentary law.  These decisions, can then be looked at by future judges.  If the future case, follows similar rules, they can follow the earlier decision.  This provides fairness and certainty.  ​
  • Judgements:
    • Provide a summary of the facts of the case. ​
    • Review the arguments put by the advocates (those representing both parties). ​
    • Explain the principles of law being used that enabled them to reach their decision.  ​
    • The fact that there are three or more judges does not mean that there will always be several judgments, as it is quite common for one judge to give the judgment and the other judge/judges simply to say 'I agree‘.​