Judicial Precedent

  • Created by: cbsarah
  • Created on: 05-04-19 16:01
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  • Judicial Precidant
    • Judges Desisions
      • Ratio Decidendi
        • Reason for decision
          • Binding
      • Obiter Dicta
        • Other things said
          • Persuasive precident
      • R V Howe
        • R V Gotts
    • Court Hierarchy
      • Each court is bound by the ones above
      • Each court is bound by their own desisons (Supreme court exeption)
    • Distinguishing
      • If case is similar matter but different facts precident isn't binding, only pursuasive.
        • Balfour V Balfour
          • Merit V Merit
    • Overruling
      • Higher courts can overrule lower courts
      • Supreme court can overrule own decisions by using practice statement (1966)
        • Davis V  Johnson
        • Pepper V Hart
    • Types of Precedent
      • Binding
        • Other courts must follow
        • Ratio Decidendi
      • Pursuasive
        • Can follow if relevant
        • Can be courts and cases from other countries
      • Original
        • Cases with no previous precedent where one is created

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