Case law

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What is the role of a Judge?
The role of judge is to apply the law.
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What does ex-parte mean?
On the part of
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What is doctrine of judicial precedent?`
It is when it adopts the higher courts, which deal with appeals from lower courts
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What is doctorine of stare decisis?
"to stand by decided matters" where a court "holds" that a particular set of facts should give rise to a particular legal outcome.
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Explain courts of first instance
They make the initial decisions when the parties' cases are tried in court for the first time. Different types of cases will be dealt with by different courts of instance.
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Explain Magistrates courts
These courts deal with less serious criminal cases and they do not create binding precedents for other courts or themselves in later cases. They also deal with a few areas of civil law such as council tax arrears.
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Explain County courts
This court deals with less important civil cases and does not set binding precedents for other courts or itself in later cases.
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Explain Crown courts
This court deals with some appeals from the Magistrates but also hears more serious criminal cases. It does not set binding precedents, although its decisions may sometimes be persuasive.
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Explain High courts
This court is bound by decisions of the Court of Appeal, House of Lords and Supreme court. Its decisions are binding precedents for the County court. It is not bound by its own previous decisions, although they are strongly persuasive precedents.
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Explain Divisional Court of the High Court
This court is bound by decisions of the Court of Appeal, House of Lords and Supreme Court. Its decisions are binding on Magistrates court, the ounty court, Crown court and High court. Its normally bound by its own previous decisions.
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Explain Family court
It is bound by decisions of the Court of Appeal, House of Lords and Supreme Court. It is expected that it will not be bound by its own previous decisions and those of the High Court and Divisional Court of the High Court, although strongly persuasive
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Explain Court of Appeal
The Court of Appeal is divided into two division. Both divisions are bound by decisions of the House of Lords and Supreme Court,
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Explain the Civil Division (Court of Appeal)
The Civil division is bound by its own prvious decisions (although there may be exceptions). Here, the Court of Appeal may choose whether or not to follow the previous decision.
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Explain the Criminal Division (Court of Appeal)
It will not be bound by its own previous decisions, although strongly persuasive. Reaching a just result in the indivual circumstances is regarded as more important than consistency with previous cases.
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What is Ratio Decidendi?
Meaning "the reason for the decision" but has been defined more fully as "the proposition of law which decides the case in the light or context of the material facts" It is a bind element of the decision.
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What is Obiter Dicta?
are not binding but known as persuasive by judges in later cases.
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What is distinguising?
This is when an earlier case's facts would produce a result for the parties so unjust its not acceptable. The judge in the later case has the option to distinguish the earlier case - the facts are legally significantly different.
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What is overruling?
When a higher court decides that a previous descision in another case made by itself or by a lower court shoud no longer be regarded as good law. The older decision is then overruled.
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What is Disapproval?
If the judge disagrees with the earlier case, they may disapprove it. This is a less formal expression of disagreement than overruling.
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What is Reversing?
When an unsuccessful party in a lower court appeals to a higher court and the higher court changes the decision, the higher court is known as reversing the lower courts decision.
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What is upholding?
Where a higher court agrees with the lower courts decision, it is described as upholding it.
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Other cards in this set

Card 2

Front

What does ex-parte mean?

Back

On the part of

Card 3

Front

What is doctrine of judicial precedent?`

Back

Preview of the front of card 3

Card 4

Front

What is doctorine of stare decisis?

Back

Preview of the front of card 4

Card 5

Front

Explain courts of first instance

Back

Preview of the front of card 5
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