Precendent

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  • Created by: x.src.xo
  • Created on: 04-11-21 18:56
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  • Precedent
    • Stare Decisis
      • To stand by previous decison
      • To follow
    • Court Hierachy
      • Higher courts bind lower courts
    • Avoiding Precedent
      • Reverse
        • One case on appeal, higher court reversing lower court
      • Distinguish
        • Any judge
        • Any court
        • If cases are different, they are treated different
      • Overulling
        • There are 2 cases, new case will overule old case
        • Untitled
        • Supreme court overules themselves
    • Judgement
      • Ratio Decidendi
        • Untitled
      • Obiter Dicta
        • Other things said - Donoghue V Stevenson neighbour test
    • Types of Precedent
      • Persuasive
        • Don't have to follow
        • Decisions from lower court
        • Obiter Dicta statements
        • Decisions from foreign courts
      • Binding
        • Have to follow
    • Case law, Judge made, Treat like cases alike.

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