judicial precedent

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  • Created by: alieke
  • Created on: 01-06-22 16:27
what is a doctrine of precedent?
where a previous decision may be taken as an example of rule for subsequent cases
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what does the Latin term 'stare decisis et non queita movere' mean?
stand by what has been established and do not unsettle the established
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what are the 3 types of precedent?
original, secondary and binding
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name a case-example of a persuasive precedent:
R v R (1991)
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name a case-example of a binding precedent:
Fisher v Bell (1960)
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how is the final statement read by the judge at the end of a case called?
judgment
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what precedent does the 'obiter dicta' set?
it does not set a precedent
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what precedent does the 'ratio decidendi' set?
binding
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state 3 advantages of the judicial precedent
flexibility - judges can distinguish between cases to justify departing from them eg. Merritt v Merritt was distinguished from Balfour v Balfour
consistency and uniformity - lord Bingham - law should be accessible and so far as possible intelligible, clea
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state 3 disadvantages of the judicial precedent
rigidity - strict application of judicial precedent may make law inflexible and unresponsive to changes
over-subtly - courts may distinguish cases where unnecessary - Lord Bingham - questions of legal right and liability should ordinarily be resolved by a
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explain the difference between following, distinguishing and overruling a precedent
following a precedent means the court stand by a previous decision, and follow a binding precedent set by the ratio decidendi of a case.
distinguishing a precedent is when the facts of the case are deemed sufficiently different as to justify departing fro
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Card 2

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what does the Latin term 'stare decisis et non queita movere' mean?

Back

stand by what has been established and do not unsettle the established

Card 3

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what are the 3 types of precedent?

Back

Preview of the front of card 3

Card 4

Front

name a case-example of a persuasive precedent:

Back

Preview of the front of card 4

Card 5

Front

name a case-example of a binding precedent:

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Preview of the front of card 5
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