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