{
Loading
Previous Topic Previous slide Next slide Next Topic
New course

This Course has been revised!

For a more enjoyable learning experience, we recommend that you study the mobile-friendly republished version of this course.

Take me to revised course.

- or -

Continue studying this course

The Doctrine of Precedent

  • Study Reminders

    Set your study reminders

    We'll email you at these times to remind you to study

    You can set up to 7 reminders per week

    You're all set

    We'll email you at these times to remind you to study

    Monday

    -

    7am

    +

    Tuesday

    -

    7am

    +

    Wednesday

    -

    7am

    +

    Thursday

    -

    7am

    +

    Friday

    -

    7am

    +

    Saturday

    -

    7am

    +

    Sunday

    -

    7am

    +
  • Study Notes
  • Discuss This Topic
    Charles M.
    GB
    Charles M.

    The doctrine of precedent involves the judgment or decision of court usually recorded a report that is used as an authority in subsequent cases. The doctrine is based on the notion of stares decisis which means standing by decisions. Court decisions become a source of law by building up a body of binding decisions. Contract law developed in this way in the UK. A binding decision must be followed and contains the ratio decidendi which means the reason for the decision. A persuasive precedent need not be followed and it is by the way or orbiter dicta. It is not binding. Superior courts bind inferior courts within the court hierarchy. Equal courts do not bind one and other, nor do courts in different jurisdictions.

    Sorie T.
    SL
    Sorie T.

    The doctrine of precedent has proofs that in dealing with new case the previous one is essential

    Nöelle L.
    IE
    Nöelle L.

    Precedent is a type of " law report" and also can represent authoritative precedent, a general binding and must be followed up or a persuasive precedent which it don't be followed up. Judgement represents legal reasoning or "ratio decidendi".

    Peter Awuni A.
    GH
    Peter Awuni A.

    What is the difference between binding and persuasive precedent

    Devika D.
    CA
    Devika D.

    Quick question- It says under 'Principles of Precedent' that "Equal courts do not bind each other...courts in other jurisdictions do not bind our courts". Bind them to what? Same heirarchy?

    Aphatcha P.
    TH
    Aphatcha P.

    how can i increase my point?

    Nora S.
    US
    Nora S.

    The doctrine of precedent, a fundamental principle of English Law is a form of reasoning and decision making formed by case law. It says that precedents not only have persuasive authority but also must be followed when similar circumstances arise.

    Kabo M.
    IE
    Kabo M.

    The doctrine of precedent involves following the decisions of previous cases to resolve the current ones .

    Khng J.
    SG
    Khng J.

    Regarding the doctrine of precedent, in what circumstances do the court of other jurisdictions in the British Commonwealth not bind British courts?

    Anjuguri M.
    NG
    Anjuguri M.

    Judges make law by following the precedent of similar cases that have been decided

  • Text Version
Notification

You have received a new notification

Click here to view them all