Doctrine of precedent

Precedent

The reported reasoning behind a court's decision that establishes a legal principle or rule, used as guidance in future cases.

Doctrine of Precedent

The theory/process of how we establish precedent and the rules determining when their principles are applied in other cases, based on the court hierarchy.

Binding Precedent

A precedent established in superior courts that must be followed by lower courts in the same hierarchy with similar material facts.

Persuasive Precedent

A precedent not binding on a court but it may influence a judge's decision.

• Precedents set by a lower court

• Precedents set by a court of the same level

• Precedents established in a separate court hierarchy can be persuasive.

Ratio Decidendi

'The reason for the decision’, not everything said by the judge is made into precedent. It is only their reason for the decision which forms precedent.

Stare Decisis

'Stand by what has been decided,'. The principle of lower courts following higher courts' decisions to maintain predictability and consistency.

Obiter Dictum

'Statement made by the way,' . It is the non-binding opinion or comments by a judge within their judgement. They can guide future judges decision.

Reversing

Describes the changing of a previously established precedent in a superior court while on appeal . Creating a new precedent to follow.

Overruling

A superior court changing a precedent in a different and later case by not following a previously established precedent, making the earlier precedents inapplicable.

Disapproving

Disagreeing with a precedent without changing it, lower courts expressing dissatisfaction with the precedent.

Distinguishing

To avoid following a precedent a judge can find enough difference between the material facts of the case they are deciding and the material facts of the case in which the precedent was set. Given that a precedent is only binding on a lower court if the material facts are similar

Difference between Overruling and Reversing

The two are similar in that they involve precedents previously established in lower courts being edited by a supreme court. However Reversing occurs when “on appeal” meaning the same case that created the precedent in the lower court is being heard again in a supreme court Whereas when Overruling the case which established the original precedent is not the same case where the new precedent is being set.