Meaning of judicial precedent.

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

Forms of judicial precedents

  • Original precendent: this is law making precedent. It is the principle or proposition of law as formulated by 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 to decide the case similarly.

judicial precedent.

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