JUDICIAL
PRECEDENT
UNIT ONE SECTION A
, DOCTRINE: JUDICIAL PRECEDENT
Precedent can only operate if the The source of law where past decisions of the
legal reasons reasons for past judges create new law for future judges to
decisions are known: each case follow (case law) Legal system of precedent is
judges make a judgment: decisions based on:
and the reasons for it and generally
contains the following: STARE DECISIS ET NON QUIETA MOVERE
(stand by what has been decided and do not
- A summary of facts
unsettle the established”
- An explanation of the principles
of law judge used (ratio The idea is that by following precedents there
decidendi) will be Consistency. Certainty and Fairness
- A discussion if legal principles
not part of the decision eg Under this doctrine legal decisions made in the
speculation, hypothetical higher courts set a precedent and all courts
situation (obiter dicta) below it in the hierarchy must follow it in cases
of similar fact
PRECEDENT
UNIT ONE SECTION A
, DOCTRINE: JUDICIAL PRECEDENT
Precedent can only operate if the The source of law where past decisions of the
legal reasons reasons for past judges create new law for future judges to
decisions are known: each case follow (case law) Legal system of precedent is
judges make a judgment: decisions based on:
and the reasons for it and generally
contains the following: STARE DECISIS ET NON QUIETA MOVERE
(stand by what has been decided and do not
- A summary of facts
unsettle the established”
- An explanation of the principles
of law judge used (ratio The idea is that by following precedents there
decidendi) will be Consistency. Certainty and Fairness
- A discussion if legal principles
not part of the decision eg Under this doctrine legal decisions made in the
speculation, hypothetical higher courts set a precedent and all courts
situation (obiter dicta) below it in the hierarchy must follow it in cases
of similar fact
