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Hello Mr.Mike . I have some doubts in these topics
1 – Do precedents apply if the decision was made by a court of equal status or is it only binding if the decision was previously made by a higher court ?
2- The ratio decidendi is stated for the second case of a particular type of case and not when it took place for the first time . so the judge only states the ratio decidendi of the first case while giving judgement of the second time that particular incident occurred ? did i understand it right ?
Hi Maria
Imagine a decision in the Court of Appeal. And then a similar case appears in the Court of Appeal. The judges in that second case must clearly follow the earlier case’s precedent. Otherwise all sense of consistency and certainty would be lost. So, in answer to your post, Yes. A precedent established in a court is binding on the subsequent similar cases in courts of same standing. Clearly, there have to be exceptions to the general principle of stare decisis, but such exceptions are exceedingly rare.
Your second post? Yes, absolutely correct.
OK?
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