Slides in this set

Slide 1

Preview of page 1

Judicial Precedent…read more

Slide 2

Preview of page 2

Stare Decisis Ratio Decidendi
to stand by a past reason for deciding, can be
judgement and not try to more than one, it is what
change it even if you creates new precedent. It is
disagree, to keep fairness the principles of the used to
and certainty. come up with the decision
Obiter Dicta
is all other things said,
Is summary of the case
Review of the arguments Law Reform Act 1996
put y advocates overided case law as
it stated that a person
can be convicted if
person dies of injury
from crime at any time
not just after year and
a day like case law
Three areas improved are :
1. Contract Law
2. Tort of Negligence
3. Criminal Law
UK has been highest
court in hierarchy
since 1973…read more

Slide 3

Preview of page 3

This is where past precedents are binding on the case. It is followed
if the judge agrees with it or not.
An example would be :
Donoghue V Stevenson 1932
In this case a lady found a decomposing snail in her ginger beer, the
courts decided the manufacturer owed a duty of care to the
consumer, this became a binding precedent on the case Grant V
Australian Mills 1936.…read more

Slide 4

Preview of page 4

Original Precedent
If there has been no previous case then the judge must look at case
similar and decide on the judgement using these facts, creating a
new precedent for future cases.
Also known as the reasoning for analogy
White V Jones 1995
A solicitor was asked to prepare a will but failed to do so in time,
the claimants should have received legacies. The courts had no past
precedents but majority decided the solicitor had duty of care
forming a new precedent.…read more

Slide 5

Preview of page 5

Persuasive Precedent
This is when a judge looks at similar cases and uses these to help
with their decision. It is not binding.
R v R 1993
All precedents before said rape in marriage could not happen but
this case was an example of how society and morals where
changing so previous decisions were overruled.
R v Howe 1987
Used duress s a reason for assisting murders but in a past case in
the obiter statement duress was said not to be used and all past
decisions were overruled on base it was morally wrong.…read more

Slide 6

Preview of page 6

Courts in the Hierarchy
This is where the higher courts make precedents that the lower
courts are bound to, however in R v R the House of Lords used court
of Appeal to help with their decision.
Appellate courts ­
Create Precedents
Bound by own past decisions
·European Court of Justice
·House of Lords
·Court of Appeal
·Divisional Courts
Courts of First Instance ­ Follow
·High Court
·County Court
·Magistrates Court
·Crown Court…read more

Slide 7

Preview of page 7
Preview of page 7

Slide 8

Preview of page 8
Preview of page 8

Slide 9

Preview of page 9
Preview of page 9

Slide 10

Preview of page 10
Preview of page 10


No comments have yet been made

Similar Law resources:

See all Law resources »