Types/Categories of judicial precedents

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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