Explain how the doctrine of Judicial Precedent operates. What is the importance of judges being able to use the doctrine to distinguish cases on their facts?
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Explain how the doctrine of Judicial Precedent operates. What is the importance of judges being able to use the doctrine to distinguish cases on their facts? Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: Stare decisis 'let the decision stand', whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases. 'The HoL held that a manufacturer owed a duty of care to the consumer that products are safe.'1 The binding part of a previous decision is the ratio decidendi 'reason for deciding' and judges in later cases must follow it. All the parts of the judgment which do not form part of the ratio decidendi of the case are called obiter dicta Latin for 'things said by the way'. These are often discussions of hypothetical situations. None of...

