Doctrine Of Judicial Precedent

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The doctrine of judicial precedent form part of the Malaysia system. The legal is one of the general characteristics of the English legal system. Judicial precedent is a decision of a higher court that will be binding on a lower court in hierarchy.The doctrine of judicial precedent is also called stare decisis.The judges will follow the decision or judgement of the previous cases if the facts and law are similar. For example,Federal Court’s decision is binding on Court of Appeal.This means “like cases are treated a like”. Precedent may consist of ratio decidendi,obiter dicta and res judicata.Ratio decidendi means the reason for the decision.lt can be explained as the legitimate reasoning upon which the judgement in a specific case and the judges may use it in the future cases if the facts of the case is similar.Sir Rupert Cross defines the ratio decidendi as “ any rule expressly or impliedly treated by the judge as a necessary step in searching his conclusion. “ Obiter dicta means “things said by the way,” in Latin phrase. Obiter dicta are anything else said about the law such as remarks,further observations and opinions on other matters made by the judge.Although obiter dicta have no binding powers,it still can influence the decision of the judges.Res judicata is the final structure of the court…show more content…
This method balances these two competing
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