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  • Precedent
    • Types
      • Binding
        • To be followed by lower courts in future cases that are similar
          • The Ratio Decidendi must be followed
            • The reason for the decision
              • This means consistency and certainty
        • R v Howe
          • Decision - duress is not an offence for murder
      • Original
        • Where a new precedent is created
        • Donoghue vs Stevenson
          • Decision - the manufacturer has a duty of care to the consumer
      • Persuasive
        • It can influence decisions
        • An idea or concept that is put forward by a judge, that is not binding, but could influence the judges thinking
        • An obiter dicta
          • R v Gotts
        • Decisions of the lower courts
        • The privvy council
          • They hear appeal cases from other countries in the commonwealth, using that countries laws
            • These cannot be binding, but are very persuasive
        • The law of foreign countries
        • Dissenting judgement
          • This is when the judges all disagree with each other
    • The supreme court
      • Very few cases get heard in the SC.  This means that the ability to put right problematic precedent is very limited.
        • If the SC had wider powers, problematic precedent could be sorted out on a wider scale
      • If its powers were wider, certainty in the court would be lower.


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