The case law is a common law pillar. This is an important process for achieving common law results. The doctrine of precedent focuses on Ratio decidendi and Obiter Dictum. The purpose of my project is to explain why case law is important in the legal system, what else can be done to create case law, and what other jurisprudence say about case law. How does Stare Decision differ from the precedent, and what are their doctrines.

The types of case are authoritative, persuasive, original, and declarative, and what are their uses and when? Donohue v. Stevenson [1932] UKHL 100, explains the difference between Ratio Decisionendi and Obiter Dictum.

Types of precedents / Kinds of Precedents

Authoritative and Persuasive

Authoritative precedents are those precedents that must be followed by subordinate courts whether they approve of it or not. They create direct and definite rules of law. They fall into the category of legal sources of law. Persuasive precedents on the other hand do not create a binding obligation on the judges. Persuasive precedents can be applied as per the discretion of the judge. 

Authoritative precedents can be classified into the following two types: 

Absolute authoritative

An absolutely authoritative precedent is binding on subordinate courts in an absolute manner and it cannot be disobeyed even if it is wrong. 

Conditional authoritative

A conditionally authoritative precedent is binding on other judges but it can be disregarded in certain special circumstances as long as the judge shows the reason for doing so. 

Original and Declaratory 

According to Salmond, a declaratory precedent is a precedent that simply declares an already existing law in a judgement. It is a mere application of law. An original precedent creates and applies a new law. 

Factors increasing the authority of a precedent 

1. The number of judges constituting the bench that makes the decision. 
2. A unanimous decision has more weight. 
3. Approval by other courts, especially the higher courts. 
4. The enactment of a statute that carries the same law subsequently. 

Factors decreasing the authority of a precedent 

1. Abrogation of judgement by reversal or overrule of a higher court. 
2. Abrogation of judgement by a statutory rule enacted subsequently. 
3. Affirmation or reversal of decision on a different ground. 
4. Inconsistency with the previous decision of a higher court. 
5. Inconsistency with previous decisions of the court of the same rank. 
6. Inconsistency with already existing statutory rules. 
7. Erroneous decision.