The doctrine of judicial precedent involves an application of the principle of stare decisis (to stand by the decided). In practice, this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law. However, even though precedents are binding on later cases, there are ways in which judges can avoid following precedents set by previous judges.
DISTINGUISHING
A binding precedent is a decided case which a court must follow. But a previous case is only binding in a later case if the legal principle involved is the same and the facts are similar.
REVERSING
Reversing is the overturning on appeal by a higher court of the decision made by a lower court. The appeal court then will substitute its own decision.
PER INCURIAM
A decision which is reached per incuriam is one reached by carelessness or mistake, and can be avoided.
OVERRULING
A higher court can overrule a decision made in an earlier case by a lower court. For example, the Court of Appeal can overrule an earlier decision made by the High Court. Overruling can occur if the previous court did not correctly apply the law, or because the present court considers that the previous ratio decidendi is no longer applicable.
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