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Law Revision Notes
Judicial Precedent

"Also known as Case Law. Based on idea that like cases should
be treated alike. Therefore, two people who appear before Courts
at different times or different places will receive the same
justice providing the facts are the same and Statute law remains


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Ratio Decidendi The reason for the decision ­ is the central
`core' of a judgement. Crucial points of Law and they constitute
the precedent which must be followed.

Obiter Dictum A thing said by the way ­ Not binding on a later
Judge. Other statements made which are not crucial.…

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Distinguish Courts find key facts of a case different from that
of an earlier, similar case which would normally be binding.
Merritt v Merritt 1970 A husband and wife splitting up after 25
years marriage agreed in writing that if the wife kept up the
mortgage repayments on their joint…


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