Describe two Types of judicial precedents
Types of judicial precedents
- Original precedents: this is a principal or proposition of law as formulated by the court. It is the law creating precedent.
- Declaratory precedent: this is the application of existing principle in a subsequent similar case.
- Binding precedent: this is an earlier decision which binds the court before which it is relied upon i.e. a precedent in the court of appeal which was used in high court.
- Persuasive precedent: it is an earlier decision relied upon in a subsequent case to persuade court to decide the case in the same manner i.e. high court decision used in a court of appeal or a decision handed down by a court in another country.
- Distinguish precedent: this is a subsequent decision of a court which effectively distinguishes the earlier precedents in its own rights.
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