- 4 Marks
Question
There are different types of precedent under case law.
Required:
Explain the following terms:
i. Original precedent (2 Marks)
ii. Persuasive precedent (2 Marks)
Answer
i. Original precedent
This is a type of precedent where a case presents an entirely new legal principle or issue that has not been decided by any previous court decision. The judge must create a new precedent based on reasoning and interpretation of the law.
ii. Persuasive precedent
This type of precedent comes from decisions made in other jurisdictions or lower courts that are not binding on the current court but can influence the court’s decision. It serves to guide the court in the absence of a binding precedent.
- Tags: Original Precedent, Persuasive Precedent, Precedent
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2022
- Uploader: Theophilus