where judges decide and interpret the law for other judges to follow
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what is the leading case for precedent?
R V R (the marital **** case)
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what are the 2 types of precedent?
binding (must be followed by all other judges) and persuasive(other judges do not have to follow it)
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what is the court hierarchy?
European court of justice, supreme court, court of appeal, high court/queens bench division of the high court, county court/ crown court and county court small claims/ magistrates court ,
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what is the definition of 'stare decisis et non quieta movere'?
to stand by what has been decided, i.e. if it isn't broke, don't fix it
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what is 'res judicata'?
the speech given at the end of a court case by the judge
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what is 'ratio decidendi'?
the reasons why the judge came to the decision and the legal principles used to get to the decision
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what was the ration decidendi for R V R?
the house of lords used previous cases on marital **** to decide it should be illegal
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what is 'obiter dicta'?
things said 'by the way'
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when did the house of lords change into the supreme court?
2009
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give 3 advantages of judicial precedent
time saving, certainty and precision
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give 3 disadvantages of judicial precedent
complexity, bias and its not democratic
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what is the general rule for binding precedents?
courts follow all decisions from the courts above them
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what are the possible reasons why judges may not have to follow previous decisions for persuasive precedent?
if the judgement is from a lower court, another commonwealth country, dissenting judgements or obiter dicta statements
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what is the purpose of law reports
to publicize judgements to judges to widen the base of legal knowledge
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what happened in the case of Donoghue V Stevenson?
The claimant found a snail in her ginger beer, lord atkin said that although there was no type of proximity between them, the manufacturer was still liable for negligence
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what is distinguishing? give case examples
a way to avoid precedent, looking at the material differences in the cases (Balfour V Balfour & Merritt V Merritt)
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what is overruling?
where the court states that the legal rule followed in the earlier case is wrong
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what is reversing?
where a higher court overturns the decision of a lower court in the same case
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Other cards in this set
Card 2
Front
what is the leading case for precedent?
Back
R V R (the marital **** case)
Card 3
Front
what are the 2 types of precedent?
Back
Card 4
Front
what is the court hierarchy?
Back
Card 5
Front
what is the definition of 'stare decisis et non quieta movere'?
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