Doctrine of Precedent
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What is binding precedent?
A decision of a higher court that must be followed by a lower court in the same jurisdiction.
What is res judicata?
A thing ajudicated
What are the two types of precedent?
Binding and Persuasive
What are the four common latin terms?
Stare decisis, ratio decidendi, obiter dicta, res judicata.
What is persuasive precedent?
The decisions of courts in other hierarchies are only of persuasive value
What is the doctrine of precedent?
The principle that a lower court is bound by the legal principles that are created by the decisions of a higher court.
What is ratio decidendi?
The reasoning of the decision
What is obiter dicta?
Things said in passing
What is stare decisis?
To stand by things decided