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Judicial Precedent

The doctrine of precedent

  • 3 things to know
  • Component 2

Overview

Recall questions on ratio decidendi and obiter dicta, and on the advantages of precedent in consistency, certainty, flexibility and saving time against its disadvantages of complexity, rigidity, illogical distinctions and retrospective effect.

What you need to know

Answer each one before you reveal it.

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Key term

How can obiter dicta function as a source of persuasive precedent?

Key term

How does judicial precedent promote consistency and fairness in the law?

Key term

How does precedent save time in the legal system?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the ratio decidendi of a judgment?

    Model answer

    The ratio decidendi is the legal reasoning or principle upon which a court's decision is based, and this part of the judgment creates binding precedent.

  2. 2

    Define obiter dicta and explain its status as precedent.

    Model answer

    Obiter dicta are statements made 'by the way' in a judgment that are not essential to the decision. They do not create binding precedent but may be persuasive.

  3. 3

    How can obiter dicta function as a source of persuasive precedent?

    Model answer

    Although obiter dicta are not binding, courts may be influenced by these 'by the way' statements when reaching their decisions.

  4. 4

    How does judicial precedent promote consistency and fairness in the law?

    Model answer

    By requiring courts to follow previous decisions in similar cases, ensuring like cases are treated alike.

  5. 5

    Why is certainty considered an advantage of the doctrine of precedent?

    Model answer

    Because established legal principles allow people to plan their affairs knowing how the law will be applied.

  6. 6

    How does precedent save time in the legal system?

    Model answer

    Legal principles are already established from previous cases, so courts do not need to argue every point of law from scratch.

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