Distinguish between the two types of precedent and provide examples of each
There are two kinds of precedents, persuasive precedents and binding precedents. Binding precedents also known as mandatory precedents are precedents that obligate a court to follow its decision. Binding precedents have to be followed by a court; however, there are circumstances where a court can refrain from a binding precedent. When the details of a case are parallel, all inferior courts are obliged to follow ratio decendi of the superior courts. In a binding precedent, if a case has been previously ruled and a same matter is presented in the court, the same precedent should be used (Stephen 123). Continue reading...