Case Law

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Privy Council
appeal court for small cases from certain Commonwealth Countries. Decisions are not binding but are strongly persuasive as the Supreme Court Justices also act as judges in the Privy Council
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Practice Statment 1966
Statement by House of Lords- confirming it will decide not to follow its own previsou decision 'when it appears right to do so'
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Reverse
On appeal a higher court can reverse the decision made by a lower court. The loser in the lower court will 'win' in the higher court
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Distinguish
Judges may 'distinguish' an earlier case by stating the fatcs are different in a way which is legally significant
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Overrule
To set aside the decision of a lower court or the same court in an ealirer case
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Persuasive Precedent
decision of the court which later courts may choose to follow but are not bound by
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Binding Precedent
a case whose ratio decidendi must be followed by lower courts
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Judicial Precedent
doctrine that requires every court in the UK to follow the precedent set in previous cases
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Stare Decisis
To stand by decided matter- in order to achieve fairness
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Obiter Dicta
'words said by the way'- do not creadt binding precedent buy may be persusaive
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Ratio Decidendi
'The reason for the decision. Principle of law upon which a court reaches its decision in a case
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Case Law
Law developed over time by judges deciding cases
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Other cards in this set

Card 2

Front

Practice Statment 1966

Back

Statement by House of Lords- confirming it will decide not to follow its own previsou decision 'when it appears right to do so'

Card 3

Front

Reverse

Back

Preview of the front of card 3

Card 4

Front

Distinguish

Back

Preview of the front of card 4

Card 5

Front

Overrule

Back

Preview of the front of card 5
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