Judicial precedent is an age-long feature of municipal judicial systems of the common law including Nigeria. The review of the practice in Nigeria reveals that its serves the cause of justice and makes predictability of the outcome of legal suits possible.
What is judicial precedent based on?
The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts.
Why judicial precedent is important?
The main advantage of using precedent is that it provides certainty in the law. As cases with sufficiently similar material facts are bound by past decisions, it provides an idea of how the case will be decided. Another advantage is that it provides consistent decisions within the law, which also ensures fairness.
Is judicial precedent the same as case law?
Case law : Law developed by judges through court decisions and opinions, as distinct from statute and other legislation. Precedent : An act in the past which may be used as an example to help decide the outcome of similar instances in the future.
What is a precedent in law example?
The definition of precedent is a decision that is the basis or reason for future decisions. An example of precedent is the legal decision in Brown v. Board of Education guiding future laws about desegregation. … The president followed historical precedent in forming the Cabinet.
What are the types of judicial precedent?
There are two main types of precedent: binding precedents, which do not have to be followed by lower courts, and persuasive precedents, which judges must consider but do not have to take into account. Original precedents are one form of binding precedent.
How does the judicial precedent work?
Lower courts have to follow the decisions of higher courts. This is called judicial precedent, binding precedent or precedent. The fact that lower courts have to follow the decisions of higher courts is known as judicial precedent.
What is judicial precedent and why is it important?
The Importance of Precedent. In a common law system, judges are obliged to make their rulings as consistent as reasonably possible with previous judicial decisions on the same subject. … Each case decided by a common law court becomes a precedent, or guideline, for subsequent decisions involving similar disputes.
What are the two types of precedent?
There are typically said to be two types of precedents. These are binding precedents and persuasive precedents. In some cases, courts are essentially required to follow precedents. These are called binding precedents.
How do judges avoid judicial precedent?
In order to avoid following precedent, higher courts must meet certain criteria, so that judicial precedent as a system remains intact. One way of departing from a previous decision is to have the past decision declared as ‘mistaken’.
How do you find legal precedents?
How to Locate Free Case Law on the Internet
- Google Scholar offers an extensive database of state and federal cases. …
- FindLaw offers a database of case law from the U.S. Supreme Court and U.S. Circuit Courts of Appeal, as well as several state supreme courts. …
- Justia offers cases from the U.S. Supreme Court, U.S. Circuit Courts of Appeal, and U.S. District Courts.
Are judges bound by precedent?
The decisions of this court are binding upon and must be followed by all the state courts of California. … The application of the doctrine of stare decisis from a superior court to an inferior court is sometimes called vertical stare decisis.
What is a super precedent?
“Super precedents are those constitutional decisions in which public institutions have heavily invested, repeatedly relied, and consistently supported over a significant period of time.
What does precedent mean in simple terms?
1 : an earlier occurrence of something similar. 2a : something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same or an analogous kind a verdict that had no precedent.
What is a precedent in simple terms?
precedent. 1) n. a prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.
What do you mean by precedent in law?
A precedent is a statement made of the law by a Judge in deciding a case. … This means that when judges try cases they must check to see if similar cases have been tried by a court previously. If there was a precedent set by an equal or superior court, then a judge should obey that precedent.