- 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.
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