1
4000 LEGAL METHOD
WEEK THREE AND
WEEK FOUR
JUDICIAL PRECEDENT
What is it?
The doctrine is known as stare decisis [stare decisis et non quieta movere’ meaning ‘to stand by what has been
decided and do not unsettle the established’]
Once a senior court has passed
judgment, that ruling is binding on future, similar casss: a judicial precedent is formed.
The ruling may relate to the development of the common law;‘ or may relate to the interpretation of legislation.
It ensures that consistency, certainty, predictability and fairness.
Like cases are treated alike.
, 2
A judicial precedent is a legal rule from a previous court judgement.
Key aspects :
➔ Clear court hierarchy
➔ Reliable law reporting
➔ Identitying the legal rule
The legal rule : ratio and orbiter.
Ratio decidendi :
- the binding part of the decision
- The reasoning to the decision
- Not simply the decision
- The legal principle / rule established by the judgement
- May be more than one
- Nah be difficult to find
- Nah be interpreted in different ways
- Keep to applying the law
Obiter dictum [dicta]
4000 LEGAL METHOD
WEEK THREE AND
WEEK FOUR
JUDICIAL PRECEDENT
What is it?
The doctrine is known as stare decisis [stare decisis et non quieta movere’ meaning ‘to stand by what has been
decided and do not unsettle the established’]
Once a senior court has passed
judgment, that ruling is binding on future, similar casss: a judicial precedent is formed.
The ruling may relate to the development of the common law;‘ or may relate to the interpretation of legislation.
It ensures that consistency, certainty, predictability and fairness.
Like cases are treated alike.
, 2
A judicial precedent is a legal rule from a previous court judgement.
Key aspects :
➔ Clear court hierarchy
➔ Reliable law reporting
➔ Identitying the legal rule
The legal rule : ratio and orbiter.
Ratio decidendi :
- the binding part of the decision
- The reasoning to the decision
- Not simply the decision
- The legal principle / rule established by the judgement
- May be more than one
- Nah be difficult to find
- Nah be interpreted in different ways
- Keep to applying the law
Obiter dictum [dicta]
