What are the key features of the doctrine of judicial precedent?

Answer 1

The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. The courts are bound (within prescribed limits) by prior decisions of superior courts. Adherence to precedent helps achieve two objects of the legal order. Firstly it contributes to the maintenance of a regime of stable laws. This stability gives predictability to the law and affords a degree of security for individual rights. Secondly it ensures that the law develops only in accordance with the changing perceptions of the community and therefore more accurately reflects the morals and expectations of the community.

Answer 2

the doctirne of precendent is the system that allows for all cases to be heard fairly and with similar outcomes. it is based on the principle of stare desicies, which means to stand by what has been decided.

Answer 3

Precedent is the concept of "stare decisis". Once the supreme court sets a precedent, it should be followed. For example, in Roe v. Wade, the supreme court ruled that abortion is legal. Because of precedent, the supreme court cannot, or should not, later rule that abortion is illegal.

Precedent is binding on all lower courts. So the appellate courts cannot rule against the supreme court.

Answer 4

Precedent is not always the final determining factor; sometimes judges choose not to follow it. But all else being equal, an earlier legal decision about a similar situation can be used as a guide. If it was a good decision in the past, it will be a good decision in the present.

Answer 5

The doctrine of precedent was adopted by the US from the British legal system. In Britain, the holding of the courts or the King were applied to future cases.

Answer 6

the 3 key features of judicial precedent are

1: law reporting

2:hierarchy of court

3:a method of distinguishing between obiter dicta and ratio decidendi

Answer 7

Obiter Dictum, Ratio Decidendi and Stare Decisis