OCR JUDICIAL PRECEDENT NOTES AS

OCR Judicial Precedent notes, part one up to the practice statement enjoy!

HideShow resource information
Preview of OCR JUDICIAL PRECEDENT NOTES AS

First 298 words of the document:

Judicial Precedent
Stare Decisis `Let the decision stand' ­ supports the idea of fairness and provides certainty in the law
R ati
o Deciden di O bi
ter
Di
cta
`Reason For deciding' `Other Things said'
Only part of the judgement which forms Remainder of the judgement
precedent Not binding (doesn't have to be
Hard to divide the ratio from the obiter followed) Persuasive
in older judgments
Possibly binding, depending on the level
of the court making the decision
Binding Precedent
- Precedent made from an earlier case with the same material facts must be followed even if the
later judge disagrees with the judgement
- If material facts are the same ­ it must be followed if the past decision court was higher in the
hierarchy
Persuasive Precedent
- not binding but may be considered
- number of sources:
1. Courts lower in the hierarchy
R V R (1991) HL agreed with and followed the same reasoning as the CA with agreeing a
man could be guilty of raping his wife
2. Decisions of the Judicial Committee of the Privy Council
Decisions not binding ­ not direct part of English and Welsh legal system
AG for Jersey V Holley
3. Statements made Obiter Dicta
R V Howe
R V Gotts
4. Dissenting Judgement
Where a case has been decided by a majority of judges, the judge who disagrees will have
to explain his reasoning could be considered in a later case
5. Decisions of courts in other countries
where another country has the same ideas of common law, their decisions may be
considered e.g. commonwealth countries

Other pages in this set

Page 2

Preview of page 2

Here's a taster:

Court Hierarchy…read more

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »