Question 1 Read the following scenario and answer the questions that follow: The Kruger’s moved into the neighborhood where the Mothibes and the Van der Merwes live. Both families welcomed the Krugers and invited them for a braai. Daan Kruger is a Panel-beater and his wife Sarah is a teacher. Little did the Mothibes and the Van der Merwes know that Daan planned to run his panel-beating business from home in future. And then the noise started! Daan did not listen to the complaints
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Judicial precedent can applied on cases and to be treated similar when the material facts of the cases are identical. There are two principles that are involved in judicial precedent. There are ratio decidendi and the obiter dictum. The binding part of a previous decision is the ration decidendi (reason for the decision) and it must be followed by judges in later cases. Anything said an obiter dictum (by the way) in the original case is merely persuasive because it was not strictly relevant
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determination of parliament. Parliament create the law‚ judges deduce and interpret the law and apply it. It can also be created by a judge constructing a statement ratio decidendi (Latin: the reason for deciding). These are the principals of law on which the judge influences a decision and his motives for doing so. Only ratio is binding on lower courts as opposed to obiter dictum (Latin: a remark in passing). This is a statement made by a judge when making a ruling but was not vital to the verdict
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only in accordance with the changing perceptions of the community and therefore; more accurately reflects the morals and expectations of the community. There are two elements of the doctrine of judicial precedent‚ namely‚ ratio decidendi and obiter dicta. The ratio decidendi follows from the doctrine of precedent‚ that like cases should be treated alike; it means that if a court is dealing with a case which shares material facts with a previously decided case‚ then the court is generally bound by
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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
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on the maxim “stare decisis” which means stand by what has been decided. donoghue v Stevenson followed in grant v Australian knitting mills. The Ratio Decidendi (reasons for deciding) is the only binding part of a judge’s decision but how judges interpret this can vary thus changing the impact it can have on future decisions Other than ratio decidendi there can be other comments by judges‚The obiter dicta (things said by the way) here the judge speculate the outcome of the cases had the facts of
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source for future decision-making. Latin terminology Stare Decisis The whole doctrine is based on “stand by what you decide” which promotes fairness‚ consistency and certainty. Simply‚ just stand by your own previous decision. Ratio Decidendi The reason for the decision‚ this forms the binding part of the precedent for future judges to follow if facts are similar. Obiter Dicta The remainder of the judgment- Things simply said “by the by” does not have to be followed. Simply
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legal reason/principle behind the decision is contained in the judgment – the ratio decidendi – this is what sets the precedent (NOT the decision itself) E.g. R v Bentham 2005: man robbed employer using his fingers in jacket to imitate a gun – court held he could not be guilty of possessing an imitation firearm – legal reasoning for this was: you cannot possess something which is not separate from yourself (that is the ratio and is the binding precedent) Everything else in judgement = obiter dicta
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decisis‚ this may provide consistency and predictability in the law. The decision made by the judges‚ also known as judgment‚ in which containing the explanation of the legal principles on which the judges has made a decision‚ this is called the ratio decidendi‚ in Latin stands for ‘reason for a decision’. The judges may speculate his decisions would or might have been if the facts are different‚ it includes the judges thought processes‚ this is called obiter dicta‚ in Latin stands for ‘things said by
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Everything in the world repeats‚ and it is not an exception for law‚ providing that ‘some degree of certainty’ of law is essential. In English legal system the doctrine‚ which brings together the past and the present is the doctrine of judicial precedent‚ which predominant value is irrefutable. However‚ it is a disputable question‚ whether the bias of the doctrine on the maintenance of the judicial authority is accurate and contemporary. The nature of precedent can be described by putting the
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