Judcial Precedent

First part of judicial precedent and it contains only judgments first 

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  • 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

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