Judcial Precedent
First part of judicial precedent and it contains only judgments first
- Created by: Emie
- Created on: 08-01-13 21:09
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- Judicial Precedent
- The doctrine of precedent
- Judgments
- Precedent can only operate if the legal reasons for past decisions are known, so at the end of the case there will be a judgment
- Principles are the most important part of the judgment and are known as ratio decedendi which means the reason for deciding.
- Then a precedent for the judges to follow future cases. The rest of the judgment is known as obiter dicta which means other things said
- In Divisional Courts and the court of appeal cases are heard by at least two judges and usually three
- Ratio Decedendi is where you look into the past judgment and divide the ratio decendi with the obiter dicta.
- Obita Dicta which means other things said and judges in future cases do not have to follow it. Obiter statements are NOT binding
- Stare Decisis means standing by your decision
- Judgments
- The doctrine of precedent
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