Notes for Introduction to law (LAWS1011A at Wits University).
A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.
Judicial Precedent
Created @August 15, 2022 1:59 PM
Class
Type
Materials S v M - Primary Caregiver case.pdf
Reviewed
consultation room 137 in the law building Thursdays at 11-12
chapter 3 pg 82-111
constitution 17th amendement act
superior courts act 10
judicial precedent handout
What is judicial precedent?
a previous decision by a court that may or must be followed by current and/or future
courts
principle of stare decisis: courts stand by previous decisions and do not disturb settled
law
How judicial precedent works:
Finds other cases with similar cases and use decision of previous court decision.
doesn’t have to, but could be pursuaded → persuasive decision
prospectively → affects future cases
Judicial Precedent 1
, Importance of judicial precedent
binds lower courts
binds courts of final jurisdiction
respect for courts of higher authority
uniformity
fairness
Hierarchy
1. concourt
2. SCA
3. High court
4. Lower courts
lower courts are bound to the decisions of the courts above
all courts are bound to decisions made by concourt
17th amendment:
increase the jurisdiction of con court
highest court to make decisions on constitutional matters → con court=apex court
hears any other matter than raises genuine public issue → can set precedent on
any matter
con court decisions are binding for all courts
Con court can change its decisions
changing community values
Judicial Precedent 2
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