Summary 4000CLS ENGLISH LEGAL SYSTEM WEEK THREE AND WEEK FOUR

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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.

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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]