YOU MUST FOLLOW THE DECISIONS OF THE COURT ABOVE YOU WHEN FACED WITH A SIMILAR CASE.
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WHAT IS 'STARE DECISIS'?
'LET THE DECISION STAND' --> ONCE A DECISION HAS BEEN MADE IN ONE CASE ON A POINT OF LAW, IT IS FAIR AND JUST TO KEEP TO THAT DECISION IN FUTURE CASES.
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WHAT ARE THE 3 KEY ELEMENTS JP NEEDS TO WORK?
1). A SYSTEM OF LAW REPORTING. 2). A COURT HIERARCHY. 3). METHOD OF WORKING OUT EXACTLY WHAT THE DECIDED LEGAL PRINCIPLE IS.
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WHAT IS 'RATIO DECEDENDI'?
'REASON FOR THE DECISION' --> PART OF THE JUDGEMENT THAT CREATES PRECEDENT FOR FUTURE JUDGES TO FOLLOW.
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WHAT IS 'OBITER DICTA'?
'OTHER THINGS SAID' --> OBITER DICTA DOES NOT CREATE BINDING PRECEDENT, ALTHOUGH JUDGES MAY LOOK AT IT IF THEY WISH.
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Other cards in this set
Card 2
Front
WHAT IS 'STARE DECISIS'?
Back
'LET THE DECISION STAND' --> ONCE A DECISION HAS BEEN MADE IN ONE CASE ON A POINT OF LAW, IT IS FAIR AND JUST TO KEEP TO THAT DECISION IN FUTURE CASES.
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