Judicial Precedent

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  • Created by: erw16
  • Created on: 05-11-18 10:37
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  • Judicial Precedent
    • Doctrine of Precedent
      • Stare decisis
        • Stand by the decision
      • Ratio decidendi
        • Reason for the decision
        • Tuberville v Savage
      • Obiter dicta
        • Other things said
        • Hill v Baxter
    • Hierarchy of the Courts
      • Practice Statement 1966
        • Constitutional Reform Act 2005
          • Transferred House of Lords Powers to Supreme Court
        • Conway v Rimmer 1968
        • Supreme Court does not have to follow its own decisions but has to explain why if it chooses not to.
        • R v Shivpuri 1986 (first use in a criminal case) avoids decision in Anderton v Ryan
        • Herrington v BRB 1972 and Addie v Dumbreck 1929
    • Types of precedent
      • Binding Precedent
      • Persuasive precedent
        • Grant v Australia Knitting Mills
        • The Wagon Mound Cases 1961
      • Original Precedent
        • Donoghue v Stephenson
    • Operation of judicial precedent
      • Overruling
        • Court in a later case states the decision in an earlier case is wrong
        • Higher court overrules an earlier lower court decision
        • E.g Supreme Court overrules a decision of the Court of Appeal
        • R v Jorge overruled R v Powell and R v England
        • R v G and R
      • Reversing
        • A higher court overturns the decision of a lower court on appeal
        • Re Pinochet 1999
      • Distinguishing
        • Judge avoids following a precedent
        • Judge finds the material facts of the current cases are sufficiently different from the case setting a precedent for a distinction to be drawn between the two, they are not bound by the case.
          • Merritt v Merritt 1971 and Balfour v Balfour 1919
        • R v Brown 1993 and R v Wilson 1996

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