(i) Explain the meaning of judicial precedent (ii) State two forms of judicial precedents

(i) Explain the meaning of judicial precedent
(ii) State two forms of judicial precedents

ANSWER

(ii) Meaning of judicial precedent

  • This is stare decisis
  • It is a system of administration of justice whereprevious decisions are relied upon in subsequent similar cases.
  • The precedent or earlier decision becomes the source of law for subsequent cases.

(ii) Forms of judicial precedents

  1. Original precendent: this is law making precedent. It is the principle or proposition of law as formulated the court.
  2. Declaration precedent: this is the application of an existing principle of law.
  3. Binding precedent –the earlier decision binds the court in which it is used.
  4. Persuasive precedent –the earlier decision is used to persuade the court todecide the case similary.