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Question 2 Describe judicial precedents. Discuss the different ways case laws can be superseded and quote some examples. Answer for question 2 Judicial precedent can only operate effectively if the precise legal reasons for the past decision are known. The reasons for the decisions are known as ratio decidendi 'reasons for deciding', and it is this part of the judgment that is binding. Everything else said by the judge is obiter dicta, 'by the way' which can be persuasive but are not binding. Judicial precedents elaborate principle of the Common law system. Previous judges made their decisions based on all proved facts provided by solicitors of both the defendant and the plaintiff, as well as the principle of pre-existing laws. A judge may take the former decision as reference to assist him to make the present decision. He may also decide the present case in the same way as the previous case unless...

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