11 What two things does the doctrine of precedent rely on in order to work effectively?
12 Doctrine of precedent the rules of precedent – how it is made and applied by Judges Law Reports a permanent record of the important judgmentsSOME DEFINITIONS
13 Ratio decidendi the Judge’s reasons for the decision (found in the judgment) Stare decisis Latin for ‘the decision stands’ – a rule that lowers courts must follow the decision of the higher courts in the same hierarchy in similar cases
14 Obiter dictum comments made by Judges that are not part of the reasons for the decision. They may be persuasive in later cases.Binding precedent a precedent (legal principle) that must be followed by lower courts in similar cases
15 Persuasive precedent A precedent (legal principle) that does not have to be followed