judicial precedent

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  • judicial precedent
    • why do judges need a clear framework
      • fairness and certainty
      • equity
      • consistency of approach
      • commonly agreed
      • prevents miscarriage of justice
    • methods
      • doctine precedent
        • stare decisis
          • keep to the decision
      • ratio decidendi
        • reason of decision. Is binding
      • obita dicta
        • rest of judgement
          • is not binding
    • deporting from judicial precedent
      • by hierarchy of the court
      • avoiding
        • distingusing
          • balfour v balfour
          • merritt v merritt
        • overruling

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