Judicial Precedent: Judgement and point of law

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Judicial Precedent is based on...
"Stare Decisis" or "let like cases be decided by like cases"
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Court Hierarchy (Criminal)
Magistrates-Crown-Queen's Bench-Court of Appeal-Supreme Court
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Court Hierarchy (Civil)
County Court-High Court-Chancery and Family-Court of Appeal-Supreme Court
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Law Reports
Reporters take note of legal arguments that may set precedences or can be used in future cases
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In what form are law reports published
Weekly Law Reports, Monthly law reports, All England Law Reports,
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Point of Law definition
The Journey to a verdict
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Judgement
At the end of each law report judge makes judgement, split in Ratio Decidendi and Obiter Dicta
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Definition of Ratio Decidendi
Latin for "Reasoning for Decision" for an new point of law
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Ratio Decidendi Legal point
It is the "reasoning" behind the judge's verdict. It contains a point of law which sets a precedent
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Is Ratio Decidendi Binding?
Yes, as lower courts have to follow precedents created by Higher courts
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Oxford V Moss
Ratio: Information is not property and can not be stolen
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Obiter Dicta Definition
It means "Other things Said" when making a precedent
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Obiter Dicta Use in Law
The judge may speculate what the decision would have been if the facts of the case had been different
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Is Obiter Dicta Binding?
No, it is "persuasive" which means later cases can choose to look at this or not
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R V Howe
the judges said that duress should NOT be a defense to attempted murder.They choose to look at the Obiter from R v Gotts to make this verdict
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Card 2

Front

Court Hierarchy (Criminal)

Back

Magistrates-Crown-Queen's Bench-Court of Appeal-Supreme Court

Card 3

Front

Court Hierarchy (Civil)

Back

Preview of the front of card 3

Card 4

Front

Law Reports

Back

Preview of the front of card 4

Card 5

Front

In what form are law reports published

Back

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