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Briefly explain what is meant by the doctrine of judicial precedent.

  • Essay length: 857 words
  • Submitted: 11/08/2011
  • Marked by teacher: (?) Nick Price
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3 star(s)

This is a generally accurate answer, which at times contains some case authority and examples in support of the basic description. It is important to just answer the set question - not to include irrelevant material such as advantages and disadvantages.
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Marked by teacher Nick Price 14/03/2012

The first 200 words of this essay...

Briefly explain what is meant by the doctrine of judicial precedent. (10 Marks)

Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. The English system of precedent is based on stare decisis, which translated from Latin loosely means "To stand by what has been decided". Stare decisis provides fairness and certainty in the law. It is divided into two parts: ratio decidendi and obiter dicta. Ratio decidendi are the principles of law that a judge has used to come to the decision at the end of a case, which is outlined in his speech. Ratio decidendi loosely means "Any rule expressed or implied by the judge as a necessary step in reaching his conclusion". Obiter dicta refers to "the other things said" by the judges and does not have to be followed by future judges. An example of this may include what the judge's decision would have been if the facts were different but does not have to followed as it is not binding precedent. It is often difficult to distinguish between ratio decidendi and obiter dicta as the judgement is usually in a continuous form,

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MbT essay summary

This is a generally accurate answer, which at times contains some case authority and examples in support of the basic description. It is important to just answer the set question - not to include irrelevant material such as advantages and disadvantages.
Rating ***

Marked by teacher Nick Price 14/03/2012

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