ORIGINAL PRECEDENT- this is when there is no other cases to set precedent. The judges take in account similar cases to try and reach a decision this is called 'reasoning by analogy'. This sets a new precedent for judges to follow in future cases.
BINDING PRECEDENT- this is where there has been a case that binds the current decision made by a judge. It creates fairness and certainty in the law. Even if a judge doesn't agree with it they still need to follow it. A classic example of a judge who didn't follow this rule strictly was Lord Denning.
PERSUASIVE PRECEDENT- this form of precedent is not binding. This can be used to persuade the judge to make a decision. Such persuasive precedents come from; decisions from lower courts, decisions of the privy council, statements make obiter dicta, decisions made by commonwealth countries (Austraila, Canada etc.), and dissenting judgements.
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