12.3 The Doctrine of Precedent - PROBSRODD

Precedent and doctrine of precedent

• precedent

  • a legal principle developed by courts through the reasoning in a court judgement, guides future cases with similar facts

• Doctrine of precedent

  • the process where lower courts in the same hierarchy follow the legal reasonings in decisions made by higher courts when the material facts are the same

B - binding

must be followed by lower courts in the same hierarchy

set by a superior court

only applies when material facts of the case are similar

P - persuasive

not binding but may influence a decision

• includes decisions from other jurisdictions, lower courts or court of equal standing

R - ratio decidendi

a Latin term meaning 'the reason'; the legal reasoning behind a judge's decision. Ratio decidendi forms the binding part of a precedent

R - reversing

A high court in the same case on appeal changes the lower court’s decision

O - Overrruling

A superior court in a later, different case decides a precedent from a lower court is no longer vaild

D - Distinguishing

A judge avoids applying a precedent by identifying differences in material facts

D - disapproving

When a court express dissatisfaction with an existing precedent but is still bound to follow it

O - Obiter dictum

A statement made by the judge that is not directly relevant to the point of law in question, but can have a persuasive influence on future cases

S - Stare Decisis

The principle of stare decisis is another way of describing the process of lower courts following the reasons for the decisions of higher courts

Importance

• Promotes consistency and predictability

• legal representative can advise clients using past decisions

• encourages efficiency by avoiding re-litigation of settled legal principle