Hey guys,
I have this case study I have to do.
I just dont know what a precedent is?
Also what is a precedent for domestic homicide?
Cheers
Hi there,
Basically, a precedent is the reason behind a court's decision (the judgement of the court), which sets a principle or rule of law.
It should be noted that there are two types of precedent - binding precedent and persuasive precedent. Binding precedent is basically a precedent which a court must follow, and persuasive precedent is a precedent which influences the court's decision, but which does not necessarily have to be followed by the court.
When discussing precedent, the term 'doctrine of precedent' may come up, which means that the courts will follow the decisions of courts higher than them in the court hierarchy, when the case they are hearing is similar to the case which was before the court, which established the precedent.
The current definition I use for the 'doctrine of precedent' is - the process by which judges follow the reasons for the decisions given by courts higher in the same court hierarchy, when deciding on cases where the material facts are of a similar nature, to those which were evident in the case, when the precedent was established.
Unfortunately I don't really have any examples of a precedent for domestic homicide. However, I've attached some links for a good example of case where a precedent was established, which was used as a persuasive precedent in Australia, in 1936.
Donoghue v. Stevenson (Snail in the Bottle Case)
http://casebrief.me/casebriefs/malister-donoghue-v-stevenson/http://casebrief.wikia.com/wiki/Donoghue_v_Stevensonhttp://lawgovpol.com/case-study-donoghue-v-stevenson-1932/
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