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JUDICIAL PRECEDENT (Anatomy of Case Law (Date of Judgment, The Catchwords,…
JUDICIAL PRECEDENT
Anatomy of Case Law
Date of Judgment
The Catchwords
Name(s) of the Judge
The Head-notes
Name of the Court
Notes
Name of the Parties
List of Cases Referred
List of Legislation Referred
Name(s) of Counsel
Full Judgment
PROCESS
Ratio decidendi - Reason for the decision
Obiter dictum - By the way (additional ratio)
Stare decisis - To stand by the decided
No existing precedent = original precedent
Methods of Avoiding Precedent
Over-ruling
Reversing
Distinguishing
Disapproving Precedent
ADVANTAGES
Law is able to grow
Law is flexible
Certainty in the law
DISADVANTAGES
Time factors
Bulk of reported cases
Rigidity
DEFINITION
Court decisions
Form part of the law
Doctrine of Stare Decisis
Vertical Operation
Horizontal Operation